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Full text of "North Carolina Register v.3 no. 16 (11/15/1988)"

I^PH / 7^'^. ^'/'. ,y^ > / .\f 



CI- 1 



^ s/t 



RECEIVED' 

NOV 1? 1988 
LAW LSaRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



FINAL DECISION LETTERS 



PROPOSED RULES 




Commerce 



Human Resources 



Insurance 



NRCD 



State Personnel 



LIST OF RULES AFFECTED 



ISSUE DATE: NOVEMBER 15, 1988 



Volume 3 • Issue 16 • Pages 729-799 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The Not til Carolina Register is published bi-monthl\ 
and contains information relating to agency, e.\ecuti\e, 
legislatixe and judicial actions required b\ or affecting 
Chapter 1 SOB of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
1 SOB must be published in the Register. The Register 
\\i\] t\picall\' comprise appro.\imatel>- fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ ided free of charge to each count\' in the state and to 
\arious state officials and institutions. The Xortli 
Carolina Register is available by yearl\' subscription at 
a cost of ninety-five dollars ($9S.OO) for 24 issues. 

Requests for subscriptions to the Xortli Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
Nortlj Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how- 
public comments may be submitted to the agenc\' either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutor\- 
Authority for the action and the proposed effecti\e date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment \^ ill be a\ailable for 
public inspection at the Rules Di\ ision of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherw ise, at least 
30 days must elapse follow ing publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agenc\' 
must file any adopted or amended rule for appro\al b\- 
the Administrati\e Rules Re\iew Commission. Upon ap- 
pro\ al of ARRC. the adopted or amended rule must be 
filed with the Office of .Administratixe Hearings. If it 
differs substantially from the proposed form published 
as part ot the public notice, upon request b\ the agen- 
cy, the adopted \'ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become etfecti\e 
earlier than the first da\ of the second calendar month 
after the adoption is filed \vith the Office of Ad- 
ministrative Hearings for publication in the \C.4C. 

Proposed action on rules ma\' be withdrawn bv the 
promulgating agency at an\- time before final action is 
taken b\ the agency. 

TE.MPORARY RULES 

Under certain conditions of an emergenc\- nature, 
some agencies ma>' issue temporar\' rules. .A temporar\' 
rule becomes effecti\e when adopted and remains in 



effect tor the period specified in the rule or 180 davs, 
w hiche\ er is less. An agency adopting a temporary rulrfjj 
must begin normal rule-making procedures on the peA? 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrati\e Code (NCAC) is 
a compilation and index of the administrative rules of 
2S state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately IS, 000 letter size, 
single spaced pages of material of which approximate- 
1\' 35^0 is changed annualK'. Compilation and publica- 
tion of the NCAC is mandated by G.S. lS0B-63(b). 

The Code is di\ided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is a\ailable in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and SO cents (S2.50) for 10 
pages or less, plus fifteen cents (SO. 1 5) per each 
additional page. 

(2) The full publication consists of S2 volumes. 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars (S7S0.00). In- 
di\idual \olumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication a\ailable. 

Requests for pages of rules or \olumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefullv. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited b\' \'olume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198( 

refers to \'olume 1, Issue 1, pages 101 through 201 o 
the North Carolina Register issued on April 1, 1986, 



North Carolina Register. Published bi-monthly by 
the Office of .Administrati\e Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter ISOB of the General Statutes. 
Subscriptions ninety-five dollars (S9S.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks xv ith supplement service by 
the Office of Administrati\e Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter ISOB of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
(S750.00). Indi\idual \olumes a\ailable. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, \C 2^)4 

(9l'9) 733 - 2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
MoUy \lasich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 



I. FINAL DECISION LETTERS 

Voting Rights Act 729 



II. PROPOSED RULES 
Commerce 

N. C. State Ports 

Authority 731 

Human Resources 

Facility Services 739 

MentaJ Health: General 770 

Insurance 

Engineering and Building 

Codes 772 

Fire and Casualty Division 773 

NRCD 

Economic Opportunity 778 

Environmental Management 777 

Wildlife Resources 

Commission 777 

State Personnel 

Office of State Personnel 781 

in. LIST OF RULES AFFECTED 

November 1, 1988 790 

TV. CUMULATIVE CsDEX 796 



NORTH CAROLFSA REGISTER 

Publication Deadlines and Schedules 

(September I98S - March 1989) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++**++++ 


++++*+++ 


++++++++ 


+♦+++♦♦+ 


++++++++ 


09/01/88 


08/11/88 


08 18 88 


10/01/88 


01/01,89 


09 15 88 


08 26 88 


09.02/88 


10, 15 88 


01/01/89 


10,03 88 


09 12 88 


09 19 88 


1L02 88 


02/01/89 


10/14/88 


09-2688 


1003/88 


11/13,88 


02/01/89 


11/01/88 


10 11 88 


10/18-88 


12,01/88 


03/01,89 


11/15/88 


10/26 88 


11 '02/88 


12/15,88 


03/01/89 


12 0188 


11 07 88 


11'15'88 


12 31 88 


04/01/89 


12 15 88 


1 1 '23 88 


12/02 88 


01,14 89 


04/01/89 


01 02/89 


12/08 '88 


12 15/88 


02,01/89 


05/01/89 


01/16/89 


12/27/88 


01 03 '89 


02/15/89 


05/01/89 


02/01/89 


01/10 89 


01/1789 


03/ 03 '89 


06/01/89 


02/15/89 


01 '26 89 


02/02/89 


03/17/89 


06/01,89 


03/01/89 


02 08 89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04,14,89 


07/01/89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The .idministrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16. 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:TGI,:jmc 

DJ 166-012-3 Voting Section 

\V5137 P.O. Box 66128 

W8971 Washington, D.C. 20035-6128 

October 20, 1988 

DeWitt 1-. McCarlcy, Hsq. 

City Attomev 

P. O. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. .McCarley: 

This refers to the annexation [Ordinance No. 1869 (1988)| and the designation of the annexed area 
to District 1 for the CJity of Greenville in Pitt County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Riglits Act of 1965, as amended, 42 IJ.S.C. 1973c. We 
received your submission on August 22, 1988. 

The Attorney General does not i'.itcrpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 

51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Cierald W. Jones 
Chief, Voting Section 



NOR TH CAROLINA REGIS TER 729 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

\VBR:LLT:TGL:gmh 

DJ 166-012-3 Voting Section 

W.^262; W9045 P.O. Box 66128 

\V4978-4q80; \Vq046 Washington, D.C. 20035-6128 

\V7705-7706; W9047 
W8624; W9048 



October 24, 1988 



David A. llolec, Fsq. 

Citv Attomev 

P. b. Box 1388 

Lumberton, North Carolina 28359 

Dear Mr. Holec: 



This refers to the se\cn annexations and the designation of the annexed areas to single-member 
districts for the City of I umberton m Robeson County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your submissions on July 5, August 25, August 29, and October 4, 1988. 

The Attorney Cieneral does not interpose any objections to the changes in question. However, 
we feel a responsibiht>' to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attorney General reserves 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixty-day review period. See the Procedures 
for the Administration of Section 5 (28 C.F.R. 51.41 and 51.4'3). 

Sincerely, 

Wm. Bradford Re>nolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Votint: Section 



'30 NORTH CAROLINA REGISTER 



PROPOSED RULES 



TITI E 4 - DKPAR IMEM OF 
COMMKRCE 



No 



otice is hereby given in accordance with G.S. 
1 508- 1 2 that the North Carolina State Ports Au- 
thority intends to amend rvle(s) cited as 4 NCAC 
I3A '.0/0/. .0203; /3B .0002 - .0004; /3D .0/0/; 
/3E .0302. .050/, .0603, .070/, .090/, .0902; /3F 
.030/. .0302; adopt rule(s} cited as 4 NCAC /3E 
.0803; and repeal nile{s) cited as 4 NCAC /3A 
.020/, I3E .0303 - .0306, .0703, .0802; and /3F 
.0/00 and .0200. 



1 he proposed effective date of this action is 
March /. /989. 

1 he public hearing will be conducted at 5:15 
p.m. on December / 5, /98S at Conference Room, 
SPA Maritime Buildinz. 2202 /iurnett /ioulcvard, 

Wilmington, N.C. 28401. 



Co 



omment Procedures: Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Dennis P. Myers, Assistant Attor- 
ney General. N.C. Department of ./ustice. P.O. 
Bo.x 629. Raleigh. N.C. 27602. 

SLBCIIAPTKR I3A - DKI'AKIMKM Al, RULES 
AM) CENKKAI. PKO\ ISIONS 

SECTION .0100 - ORCAM/ATION OF STATE 
PORTS AUTHORITY 

.0101 IDENTIEVING INFORMATION 

The principal office of the State Ports Authority 
is located at: 

North Carolina State Ports Authority 

4tU) North Salir . bup ,' Strwt 

Raloigli. North Caroliiui 27(i 1 1 

2202 Burnett Boulevard 

P. O. Box ')0n2 

Wilmington, North Carolina 2S402 

Statutoty Authority G.S. 1438-454(6). 

.0201 PURPOSES AND POWERS (REPEALED) 

Statutoty Authority G.S. 1438-453; /438-454. 

.0203 REAL PROPERTY AND CONS IRUCTION 

(e) Construction fundc'd f . ololy by A<* r . pL'ciol 
operating fund ef tht? Ports iVuthority, from cmr . h 
ror i OP i 'oo, loan proooodo, grants a«4 afty source 
other than capital improvement ap|>ropriations 
shall tx* subject to- th© folUnsing specified 
portions of th© Property Control aft4 Con 
struction Manual, Fourth lidition, which i* pub 



lish e d by th« Office td State Property sft4 
Construction of A» D B partmont of Adminio 
tration. -i^ portions of tke Property Control 
»r4 Construction Manual which such con 
struction t^ subject to em^ 

f+) employment of archit e cts aft4 e ngineers, 
f3) plans aft4 specifications — r e s'isod aH4 

approvals, 
(4) advertising fof bids, 
f4) receipt of bkfe aft4 award of contracts, 
f4) feH4 opening procedure, 
f6) surety bonds, 

f?^ certificates authorijiing payments, 
f^ monthly progress meetings, 
fft) constmction progress r e ports, 
f4-0| chang e ord e rs, 
(-I-I4 final inspection of projects, 
f4-3^ design criteria aft4 policies. 
fdf Those portions of tfee indicated manual de- 
scribe procedure '! aft4 standards to be utilLiod i» 
letting *h4 p e rformance of construction con 
tracts. -Bh* above indicated portions of tf>e 
Fourth Fdition of tl+e Property Control aft4 
Construction Manual afe hereby adopted by f«f- 

^^^^^^^^^^ ^* *^ ^"1 ^^^^^^^^ ^ ^^^^^t ^^i ^^^^^ ^^^^^^^ ^^i ^l^^^ ^^^^^^^^ 

Ports iXuthority. Copies of the manual may be 
obtain e d from the Office of State Property aft4 
Construction which » located *t^ 

Admini '. trcilion Building 

444 W- .lon e s Street " 

Raleigh, ;v4^ 2^UA- 
(c) (e) Construction projects, the required 
funding of which is no more than te» fifty thou- 
sand dollars ($10,000), ($50,0()()). may be bid on 
an infoimal basis by the director of engineering. 
Request Requests for bids on an informal basis 
shall be by letter to parties likely to be interested 
in construction of the project and the letter shall 
give adequate instructions as to bidding pro- 
ceedings, date of bid opening, and sufficient in- 
formation and specifications necessary to enable 
a bidder to be properly informed prior to sub- 
mission of his bid. 



Statutory Authority G.S. 
1438-455; /438-457. 



143-/29; / 438-454; 



SUBCHAPTER 13B - PURCHASING 
PROCEDURES 

.0002 PURCHASES EXCEEDING $5,000 

Purchases amounting to t^*^ thousand five 
hundred dollars (j i 3,500) five thousand dollars 
(S5.000) or more, for items not on contract cer- 
tification are requisitioned through the division 
of purchase and contract in accordance with that 
division's prescribed procedures. Purchase or- 



NORTH CAROLINA RECISTER 



731 



PROPOSED RULES 



dcrs arc issued directly to the supplier for items 
authorized by contract certification. The Ports 
Authority may effect purchases through the divi- 
sion of purchase and contract for amounts less 
than Wh^ thou ji and ftv* hundrod dullurL . ( j i 2.500), 
five thousand dollars (S5,00()), at its discretion. 

Statulorv Authoriiv G.S. 143-52; I43B-453: 
1438^54: I43B-465. 

.0003 PI KCU ASKS NOT FXCFKDING $5,000: 
CKRTIFICATION CONTRACTS 

Procedures for effecting purchases, for items 
which are available on contract certification, 
which are in amounts less than Hvt* tne thousand 
6w hundrL'd dollars ($3,500) (S5.n00) are as fol- 
lows: 

( 1 ) A purchase order will be issued by the 
purchasing officer when available items or 
their functional equivalent may be obtained 
in accordance with an established contract 
certification. 

(2) The purchase orders of the Ports Authority 
are serially numbered and clearly indicate 
that the North Carolina State Ports Au- 
thority is the issuer of the purchase order. 
It gives the date and the complete address 
of the supplier to whom it is being sent. It 
requests deli\er}' to the North Carolina State 
Ports Authority at whichever port is appro- 
priate. Morchead City, or Wilmington ef 
Southport. and to the person who is to re- 
cei\e the goods or ser\ices ordered at the 
appropriate port. Instructions will state the 
address to which the in\oice wiU be directed. 
The purchase order provides space for the 
quantity of the items ordered, the de- 
scription, the unit price ;md the total price. 
A space is provided to show reference to the 
contract certification number, if applicable. 
The purchasing officer signs the purchase 
order or it may be signed by a designated 
person in the Morehead City office. 

Statutory Authority G.S. I43B-453: I43B-454: 
I43B-465: 

.0004 PLRCIIASKS NOT EXCF.FDING 

$5,000: INFORMAL Ql OTATIONS 

If a contract certification is not in effect for a 
particular item, prior to the issuance of a pur- 
chase order, informal quotations for purchases 
which are less than Hvo fi\e thousand 6v* hun 
4fe4 dollars ($2,500) ($5.000) are obtained. 
whencNcr possible. Tliis ma_N be done in se\eral 
wa\s: 

(1) A untten request for quotations may be 
made using a quotation form. The request 



for quotation will clearly indicate that the 
agency requesting the quotation is the North 
Carolina State Ports Authonty. It will give 
the number of the request for quotation and 
the date issued, clearly indicating that it is 
not an order. The quotation form has room 
to indicate the Port Authority's deliver,' re- 
quirement, quantity and description of 
items. Prospective vendors have space to 
show their deliver,' date, terms and price. 

(2) If it appears in the judgement of the pur- 
chasing officer that the request for quotation 
can better be handled by correspondence, a 
letter wiU be written to prospecti\e suppliers 
requesting quotations. The responses from 
the suppliers become a matter of record. 

(3) When time does not permit the use of the 
informal quotation form or the correspond- 
ence method, quotes may be received by the 
purchasing otTicer making telephone calls to 
several suppliers in order to secure the de- 
sired item or items at the best possible price. 
The results of the telephone calls are tabu- 
lated by the purchasing otTicer and are re- 
tained as a matter of record. 

(4) /Vfter quotations are recei\ed. they are tab- 
ulated lo detennine the best asaUable price 
and il" the quotations are consistent with the 
requirements of the Ports Authority and 
meet the requirements of the Department 
of Administration, Di\ision of Purchase and 
Contract, a purchase order is issued. 

Statuion Authonty G.S. 143B-453; 143B-454; 
143B-465. 

SLBCMAPTER I3D - PORT CHARGES TARIFF 

SECTION .0100 - GENERAL PROMSIONS 

.0101 PI BLI CATION OF PORT CHARGES 
TARIFF 

The port charges tariff of the Ports .Authonty 
sets forth the charges for ser%-ices rendered at its 
terminals and the rules and regulations to be fol- 
lowed by users of the terminals. In accordance 
with General Order No. 15 of the Federal Mari- 
time Commission, the tariff is fded with the 
Federal Maritime Commission as a public docu- 
ment. A public copy of the tariff is on fde at the 
following address: Federal Maritime Commis- 
sion. Bureau of Compliance. 1100 L Street. NW, 
Washington. D.C. 20573. .A copy is also on file 
at the North Carolina State Ports .Authonty, 
North Carolina Maritime Building--Wilmington, 
2202 Burnett Boulevard. Wilmington, North 
Carolina 2S401. The tariff [s adopted bv refer- 
ence pursuant to G.S. 1 500- 14(c) and shall in- 
cludc anv later amendments and editions thereof 



'32 



AORTH CAROLINA REGLSTER 



PROPOSED RULES 



Statutory Authority G.S. I43B-453; I43B-454; 
1 50 D- 14. 

SLBCIIAPTER 13t -SKCLKITY AND SAFETY 

SECTION .0300 - TRAFFIC ADAHMSTRATION 

.0302 DUTIES OF PORT MANAGERS 

44te office Bf tomiinal traffic cnginoor » horoby 
tjfitahlir . hL ' d. W>e Saf e ty Dirc?ctor »f t4*# North 
Carolina Stato Portr f r\uthority i r . hall r . ono *7 \^f- 
minal traffic origin oor m addition to- h*& othor 
functionr . , a«4 f . hall oxorcico Ai* poworo aft4 4a- 
<4^& with ror . poct te traffic a* provided »«• t+H* ©*- 
dinanc e . It shall be the general dutv of the Port 
Managers to determine the installation and 
proper timing and maintenance of trattic-control 
devices, to initiate engineenng analyses of traffic 
accidents and to de\'ise remedial measures, to in- 
itiate engineering mvcstigation of traffic condi- 



tions, to plan the operation of traffic on the 
streets and roadways cr[' thic two tenninals. and to 
cooperate with other administratn e oflicials of 
the North Carolina .State Ports .\uthontv in the 
deyelopment of ways and means to improve 
traffic conditions and to carr\' out the additional 
powers and duties imposed by this ordinance. 

StdtutofT Authority G.S. I43B-46I . 



.0303 DLTIFS: 1 FRMINVl. IRAFFIC 

FNCINEER (REPEAFKi:)) 
.0304 TESTING: IRAFFIC CON I ROL 

DEMCES (RFE'FAI.ED) 
.0305 IR.VFFIC COMMITTEES ESTABEISIIED 

(REPEAI ED) 
.0306 DL1 lES OF FRAFFIC COMMITTEES 

(REPEALED) 

Statutoiy Authority G.S. I43D-46I. 

SECTION .0500 - TRAFFIC CONTROL DEMCES 

.0501 PLACEMENT AND MAIN lENANCE 

The terminal traffic onginoer port managers 
shall place and maintain traftic-control signs, 
signals, and devices when and as required under 
the traffic ordinances of the two terminals to 
make effective the provisions of said ordinances, 
and may place and maintain such additional 
traffic-control de\'ices as b# they may deem nec- 
essary to regulate traffic under the traffic ordi- 
nances of the two terminals or under state law, 
or to guide or warn traffic. 

Statutory .Authority G.S. I43B-46I . 

SECTION .0600 - OPERAI ION OF MOTOR 
\EIIICLES 



.0603 ERECTION OF TRAFFIC CONTROL 

SIGNS 

The t e rminal traffic onginoor 'i% port managers 
are hereby authorized and shall be responsible for 
erecting signs called for by Rules .0901(a) to (g) 
and .0902(a) to (g) of this Subchapter. The 
erection, placement, and size and color of signs 
shall be in accordance with the provisions of 
manual on "Uniform Traffic Control Devices for 
Streets and Highways." 

Statutory Authority G.S. I43B-46I. 

SECTION .0700 - CONTROL OF FIRE ARMS 
AND SMOKING 

.0701 SMOKING RESIRICTIONS 

The traffic committou, with tfee approval »f ttte 
oxocutivo dirootor, port managers may designate 
areas of the two terminals where smoking is 
prohibited. Upon such official designation, t4*e 
tenninal traffic enginoer ohall oruct oigno signs 
shall be erected clearly defining such areas. Areas 
wherein smoking is prohibited are listed in Rules 
.0901(h) and .0902(h) of this Subchapter. 

Statutory Authority G.S. I43B-46I. 

.0703 PENALTY I PON CONVICTION 
(REPEALED) 

Statutory Authority G.S. I43B-46I. 

SECTION .0800 - PENALTIES AND SECURITY 

.0802 PENALTY: PARKING VIOLATIONS 
(REPEALED) 

Statutory Authority G.S. I43B-46I. 

.0803 REGISTRATION OF VEHICLES 
AND GAIE PROCEDURE 

Every vehicle entering the premises of the North 
Carolina State Ports Authority must be registered 
by the Ports Authority Police Department. 
Ports Authority employees, longshoring employ- 
ees and tenants' employees will receive and dis- 
play registration stickers with the proper 
identification, to be mounted on the left side of 
the front bumper of their vehicle. All other ve- 
hicles entering the premises, with the exception 
of emergency vehicles, will stop at the entrance 
guardhouse. Cargo carriers will be registered and 
visitors will be issued temporary gate passes. 
Upon leaxing the terminals, vehicles will again 
stop, for processing out in the case of cargo car- 
riers and to return the temporary gate passes in 
the case of visitors. Stopping areas will be clearly 
marked at each port entrance and e>dst. 



NORTH CAROLINA REGISTER 



733 



PROPOSED RULES 



Staiutory Authority G.S. I43B-46I . 

SKCnON .0900 - SCIIKDLLES 

.0901 WILMINGTON ORDINANCE SCHEDULES 

(a) Ihc following schedule lists maximum 
speed limits for specified streets in the 
W'ilmmiiton lermmal: 

NAMf: OI- SIRM 1 MAXIMl M SPHLD 







iiMir 


Myers Boulevard 




4^ 20 MPH 


Woodbine Street 




\4> 20 MPH 


Warehouse Road 




+4 20 MPH 


Industnal Road 




+A 20 MPH 


Commerce Street 




+4 20 MI'H 


Crescent Street 




+4 20 MPH 


First Street 




+4 20 MPH 


Second Street 




+4 20 MPH 


Third Street 




+4 20 MPH 


I'ourth Street 




+4 20 MPH 


Fifth Street 




+4 211 MPH 


Maritime Boulew 


ird 


24 20 MPH 


Si.\th Street 




+4 20 MPH 


Seventh Street 




+4 20 MPH 


Eialith Street 




+4 20 MPH 


Ninth Street 




+4 20 MPH 


lenth Street 




+4 20 MPH 


Fleventh Street 




+4 20 MPH 


A4^AW- 


lIMhS 




¥^ 






¥^ 






^^ 






¥«» 






¥^* 






¥i*s 






¥«s 






¥e« 






¥*» 






¥i?s 






¥^ 






¥es 






¥es 






¥^ 






¥<?^ 






V^ 






¥es 






¥es 




Tuelfth Street 




2n\lPH 



! hirteenth Street 



H 



louileenth Street 
Inside all Transit and 
Stiiraae Buikiines 



20 M 

20 MPH 

10 MPH 
15 MPH 



All Open Ik-nh Areas 

(bj 1 he follow uig schedule lists the locations 
of stop signs in the Wilmington Terminal: 
Mvers Boule\ard at North Gate House. 



West side of Myers Boulevard Transit Road at 

intersection of Warehouse Road. 
Northeast comer of Warehouse Road and T'irst 

Street. 
Northwest comer of Warehouse Road and 

Fourth Street. 
Northwest comer of Fifth Street and Industnal 

Road. 
Southeast comer of Fifth Street and Industrial 

Road. 
Northwest comer of Maritime Boulevard and 

Industrial Road. 
Southeast comer of Maritime Boulevard and 

Industrial Road. 
Southeast comer of Maritime Boulevard and 

Mycrj^ Boulevard. Transit Road. 
Northwest comer of .Mantime Boulevard and 

Fifth Street. 
Southeast comer of .Maritime Boulevard and 

Commerce Street. 
Maritime Boulevard at Gate House. 
Northeast comer of Industnal Road and Si.xth 

Street. 
Southwest comer of Commerce Street and Sixth 

Street. 
Southwest comer of Industrial Road and Sev- 
enth Street. 
Southeast comer of Warehouse Road and Sev- 
enth Street. 
Northeast comer of Warehouse Road and 

Figlith Street. 
Southwest comer of Industnal Road and Eighth 

Street. 
Northeast comer of Industrial Road and 

Crescent Street. 
Northeast comer of Warehouse Road and 

Ninth Street. 
Southwest comer of Industrial Road and Ninth 

Street. 
Northeast comer of Industrial Road and Tenth 

Street. 
Northwest comer of Crescent Street and Tenth 

Street. 
Southwest comer of Commerce Street and 

Tenth Street. 
Northeast comer of Warehouse Road and 

Eleventh Street. 
Southwest comer of Industnal Road and Elev- 
enth Street. 
Northeast comer of Sixth Street and Industrial 

Road. 



Southeast comer of Fleventh Street and Indus- 



tnal Road. North' i ' ie'. t Northeast comer of 
Industnal Road and Commerce Street, 
(c) The following schedule lists the locations 
of yield signs in the Wilmington Tenninal: 
Northwest comer of NTieri . Boul e^ ' . urd Transit 
Road and Woodbine Street. 



\U 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Southeast comer of Myorf . Boulevard 'IVansit 

Road and RR Scale Road. 
Southwest comer of Myors Boulovurd Transit 

Road and No. 1 Ramp. 
Southwest comer of Myors Roulosard Transit 

Road and No. 2 Ramp. 
Northeast comer of Myorc Boulevard Transit 

Road and Second Street. 
Southwest comer of Warehouse Road and Sec- 
ond Street. 
Southwest comer of Myora Boulovard Transit 

and No. 3 Ramp. 
Northeast comer of Myoro Boulovard Transit 

and Third Street. 
Southwest comer of Warehouse Road and 

Third Street. 
Northwest comer of Industrial Road and Third 

Street. 
Southwest comer of Myorr . Boulovard Transit 

Road and No. 4 Ramp. 
Northeast comer of Myoro Boulovard Transit 

Road and Fourth Street. 
Southwest comer of Industrial Road and 

Fourth Street. 
Northeast comer of Industrial Road and Fourth 

Street. 
Southwest comer of Myor 'i Boulovard Transit 

Road and No. 5 Ramp. 
Southwest comer of Myor ii Boulovard Transit 

Road and No. 6 Ramp. 
Northeast comer of Myoro Boulos'ard Transit 

Road and Maritime Boulevard. 
West Exit of Parking Lot at Maritime Boule- 
vard and Industrial Road. 
Southwest comer of Myoro Boulo>'urd Transit 

Road and No. 7 Ramp. 
Northeast comer of Myers Boulo' i ard Transit 

Road and Seventh Street. 
Northwest comer of Warehouse Road and 

Commerce Street. 
Northwest comer of Industrial Road and Com- 
merce Street. 
Southeast comer of Fifth Street and Industrial 

Road. 



Southeast comer of Industrial Road and 

Twelfth Street. 
(d) 'The following schedule lists the locations 
of railroad warning signs in the Wilmington Ter- 
minal: 
North side of Myoro Boulovard Transit Road 

and North Gate Crossing. 
South side of .Myoro Boul e vard "Transit Road 

at North Gate Crossing. 
North side of Myoro Boulovard Transit Road 

at intersection of Warehouse Road. 
South side of Myoro Boulo' . ard Transit Road 

at intersection of Warehouse Road. 



Fast side of Warehouse Road at intersection of 

Myors Boulo' i ard. Transit Road. 
Northwest comer of Third Street and Industrial 

Road. 
Southeast comer of Third Street and Warehouse 

Road. 
Northwest comer of Fourth Street and Indus- 
trial Road. 
South side of Fourth Street south of Cargo 

Shelter No. 1. 
West side of Myors Boulovard Transit Road at 

Lumber Ramp Crossing. 
East side of Myors Boulovard Transit Road at 

Lumber Ramp Crossing. 
North side of Maritime Boulevard at East 

Lumber Yard Crossing. 
South side of Maritime Boulevard at East 

Lumber Yard Crossing. 
South side of Maritime Boulevard at Main Gate 

Crossing. 
North side of Maritime Boulevard at Main Gate 

Crossing. 
South side of Industrial Road at Twelfth Street 

C'rossing. 
North side of Industrial Road at Twelfth Street 

Crossing. 
(e) The following schedule lists the locations 
of no thru traffic signs in the Wilmington Ter- 
minal: 
Southwest comer of Warehouse Road and First 

Street. 
Northeast comer of Warehouse Road and 

Fourth Street. 
Warehouse Road. 
Inside all transit and storage buildings. 



(f) The following schedule lists the locations 
of do not enter signs in the Wilmington Termi- 
nal: 

Southwest comer of Myors Boul e vard Transit 
Road and RR Scale Road. 

(g) The following schedule lists parking ordi- 
nances in the Wilmington Terminal: 

f44 W» following ochodulo fots tt*e locations 

»f parking ar e as signs: 
North sy« ef Third Stroot at- Parking Area h^- 

t\> i "oon Warehouse Road <*ft4 Industrial 

Roa4T 
Southeast comer »f Maritime Boulovard aft4 

Industrial Road at Parking i\roa. 
Southeast comer ©f Commerc e Stroot afi4 

Warehouse Road at- Parking i\r e a. 
Southeao i t corn e r ef rv»T -1- Transit Sh e d botv' i oen 

tracks aH4 road. 
firKt- sy<* Bi north e rn half ef Nor 3 Transit Shod 

between tracks aft4 road. 
Fast si4e ef -rver 4 Transit Shod bet>veen tracks 

aft4 road. 



NORTH CAROLINA REGISTER 



735 



PROPOSED RULES 



l>a ' A M4e e4" Poll( St root a«4 Gato to (\'ntral 

l^oulovurd. 
W'tji . t sitie ef Porr . onnol OITic e . Wurohou '. o rver 

W'o '. t wti* &f WarohouT i O tM+t 4- frt+fft oouth eft4 

t ■ 1 . 1 ■ A /I. r- \. .^ 1 

( 1) (4+ The following schedule lists the lo- 
cations of no parking between signs areas: 

Southwest comer of Myorr . Houlfvard Transit 
Road and Ramp No. 1 to west side of 
My e rs I k'ulostird transit Road opposite 
loading door No. 6 of Transit Shed No. 1. 

West side of Myoro Boulovurd Transit Road 
opposite loading door No. 4 of "Transit Shed 
No. 2, to Northwest comer of Myors Bou 
losard Transit [•load and Ramp No. 2. 

Tast side of .Myors Boulo' . ard Transit Road 
from North end of Warehouse No. 3 to 
North side of Personnel OtTice. 

East side of Msors Boulos-ard Transit Road 
from South side of I'crsonnel Oftice to 
Northeast comer of Myors Boulosard 
Iransit Road and Second Street. 

Southeast comer of M; . orr i Boulosard Transit 
Road and Second Street to East side of 
Myors Boulo' i ard Transit Road opposite 
loadmg door No. 4 in Warehouse No.l. 

Southeast comer of Myoro Boulovard Transit 
Road and Third Street to Northeast comer 
of My e rs Ikuilo' i urd Transit Road and 
Eourth Street. 

Southeast comer of .Myor '. Btnilo' i cnd Transit 
Road and Mantime Boule\ard to Northeast 
comer of Myors Boulovard Transit Road 
and Sesenth Street. 

Southwest comer of Warehouse Road and 
Third Street to Northwest comer of Ware- 
house Road and Eourth Street. 

Southeast comer of Warehouse Road cmd Third 
Street to Northeast comer of Warehouse 
Road and Eourth Street. 

(2) 1 he following schedule lists the areas in 
which parking is prohibited and no park- 
ing siois will he erected: 

Northwest comer ot^ 1 Ilh Street. 
Northwest comer of "-'th Street. 



South corner of Transit Shed No. 4_ 
Northwest comer of Mantime Boulc\ard. 



(h) 1 he following schedule lists the areas in 
which smoking is prohibited in the Wilmington 
Terminal: 

( 1 ) Smoking is prohibited in all areas west of 
the railroad tracks along My e rs Boul e vard 
Transit Road and on the South Open 
Berth. Smoking will be permitted only 
within designated smoking areas. 

(2) Smoking is also prohibited in Storage 
Warehouses 1, 2. 3. and 4 and Carco 



Shelter 1 and signs are posted in the fol- 
lowing locations: 
North and South ends of East and West sides 

of Transit Shed 1. 
North and South ends of East and West sides 

of Transit Shed 2. 
North and South ends of East and West sides 

of Transit Shed 3. 
North and South ends of East and West sides 

of Transit Shed 4. 
North and South ends of East and West sides 

of Warehouse 1. 
North and South ends of East and West sides 

of Warehouse 2. 
North and South ends of East and West sides 

of Warehouse 3. 
North and South ends of E'ast and West sides 

of Warehouse 4. 
North and South ends of Cargo Shelter 1. 
(i) The following schedule lists streets in the 
Wilmington Terminal which are one way: 

Eiflh St root "Twelfth Street is limited to one-way 
traiTic with such tralTic moving from Industrial 
Road eastbound to Mantim e Boulovard. 
Pennsvhania .A\enue. 

Sidimoiy Authority G.S. I43D-46I. 

.0902 MORKIIF AD CTIA ORDINANCE 
SCIIKDl I.ES 

(a) The following schedule hsts ma>dmum 
speed limits for specitled streets in the .Morehead 
Cit\" Tenninal: 

NAME OE STREET M.AXIMEM SPEED 

1 TMTT 

44 20 .MPH 
44 20 MPH 
44M*44 
44 20 MPH 
44 20 MPH 
44 20 MPH 
44 20 .MPH 
44 20 MPH 
44 20 MPH 
44 20 MPH 
44 20 MPH 
44 20 MPH 
44 20 .MPH 

44 20 .MPH 
44 20 MPH 
44 20 MPH 
44 20 MPH 
44 20 MPH 
TIMES 



/Vrendell Street 
Terminal Road 
Transit Road 
Warehouse Road 
T umber Road 
Garage Road 
North Gate Road 
Storage Road 
Barge Terminal 
Barge Tenninal East 
First Street 
Second Street 
Third Street 
Fourth Street to 
Garage Street 
l-ifth Street 
First Street North 
Second Street North 
Fourth Street North 

A4: A+-t 



736 



yORTH CAROLINA REGISTER 



PROPOSED RULES 



¥ee 
¥<» 
¥*s 

¥« 
¥*« 

¥e& 

(b) The following schedule lists the locations 
of stop signs in the Morchcad City Terminal: 

i'Vrendell Street at Mam Gate House (2 signs). 

Southeast comer of /VrendeU Street and Termi- 
nal Road. 

Southwest comer of Warehouse Road and Ter- 
minal Road. 

Northwest comer of Iirst Street and Warehouse 
Road. 

Southwest comer of Old Transit Road and 
Terminal Road. 

Northwest comer of Old Transit Road and 
Second Street. 

Southeast comer of Old Transit Road and Sec- 
ond Street. . 

Northeast comer of Warehouse Road and Sec- 
ond Street. 

Southwest comer of Warehouse Road and Sec- 
ond Street. 

Southeast comer of Second Street and Garage 
Road. 

Southeast comer of Third Street and Garage 
Road. 

Northwest comer of Third Street and Ware- 
house Road. 

Northeast comer of Garage Road and Fourth 
Street. 

Northeast comer of Fourth Street and Ware- 
house Road. 

Northwest comer of Fourth Street and Old 
Transit Road. 

Southeast comer of Fourth Street and Old 
Transit Road. 

Southwest comer of Fifth Street and Fourth 
Street. 

Southwest comer of Lumber Road and Fourth 
Street. 

North Gate Road at Gate House (2 signs). 

Southeast comer of Fourth Street N and North 
Gate Road. 

Northwest comer of I-ourth Street N and North 
Gate Road. 



Southwest comer of Second Street and North 

Gate Road. 
Northwest comer of Second Street and North 

Gate Road. 
Northeast comer of Barge Terminal N and 

Second Street N. 
Northeast comer of Arendell Street and Fourth 

Street. 
Southeast comer of ^Vrcndell Street and Fourth 

Street. 
(c) The following schedule lists the locations 
of yield signs in the Morehcad City Terminal: 
Southwest comer of First Street and Garage 

Road. 
Northwest comer of North Gate Road and 

Highway 70. 
Southeast comer of Tenninal Road and Barge 

Terminal Road East. 
Northeast comer of /VrendeU Street and Fourth 

Street. 



Southwest comer of Arendell Street and Fourth 

Street. 
(d) The following schedule lists the locations 
of railroad warning signs in the Morehcad City 
Terminal: 
Fast side of Fourth Street at intersection of 

ArendeU Street. 
North side of Arendell Street at intersection of 

Fdurth Street. 
Fast side of 1 crminal Road at intersection of 

/VrendeU Street. 
North side of Barge Terminal East at inter- 
section of Arendell Street. 
West side of First Street N at intersection of 

/Arendell Street. 
North side of F'ifth Street at Northwest comer 

of Warehouse 8. 
West side of Fifth Street opposite west side of 

center of Warehouse 8. 
North side of Lumber Road at intersection of 

Fifth Street. 
Southeast comer of Fourth Street and Old 

Transit Road. 
Northwest comer of Fourth Street and Old 

Transit Road. 
(c) The following schedule lists the locations 
of no thru tndTic signs in the Morehcad City 
Terminal: 
Northw ei. t Northeast comer of Terminal Road 

and Arendell Street. 
Southwest comer of North Gate Road and 

Second Street North. 

(f) At the present, do not enter signs are not 
applicable to the Morehcad City Terminal. 

(g) The following schedule lists parking ordi- 
nances in the Morehcad City Terminal: 

f4-^ '-Bk* following fich t^ dul e fet* the locationo 
ef parking afea ■■ lanr . : 



NORTH CAROLINA REGISTER 



737 



PROPOSED RULES 



bc'twL ' on Tran i ' i it 
botv i 't'on Iran i iit 



t**4 Mtk» »f Sc ' ccmd Stroot 

RoucJ tt«4 I'lcr. 
Wt'St fii4<* ef Socond St root 

Road »«4 I'ier 
lu ' jt ?+4e t4" St ' coiid Struot 

Roud *h4 \V(irL ' hou; . t * Road 
South "ryt* trf Waruhour i L ' Road bot' . ' i 'L ' on Second 

StTL ' t't »ft4 Fir ^' t Slrc ' ct. 
South -it*}^ »f W'arehou i HJ Road bi ' twoon Second 

StiL ' t ' t rH+4 I'ourth Str e et 
lui 'i t Mtk» t-4 Iraii ^. U Shed t^ a4- entranc e way. 
W'er . t w4t^ *rf lenninal Road between War e 

houf i c Road »h4 (iarage Road. 
( 1) f^ The following schedule lists the location 
of no parking between signs areas: 
We -. l ["ast side of Transit Shed 3 between Pier 

and Old Transit Road. 
West side of Warehouse 10 between Old Transit 

Road and Northwest corner of Building. 
West side of Terminal i^oad between Old 

Transit Road and Pier. 
East side of lenninal Road between Old 

Transit Road and Pier. North side of 

Phosphate Dri\'e House between Terminal 

Road and Pier. 
North side of Old Transit Road at Tank Area 

between Tourth Street and Tifth Street. 
Refuelintz area east of Warehouse ^ between 

Tenninal i^oad and Tourth Street. 



(2) frJ-)- The tollowmg rules identify parking 
areas established for use h\ employees; 

(A) The following areas are designated 
parking areas for vehicles owned by em- 
ployees of the Ports Authority and em- 
ployees of the Port Authority's tenants on 
the Morehead City Terminal: 

(i) That area immediately south of Tum- 
ber Road, bounded on the west by 5th 
Street, on the east by 4th Street and on 
the south by the glycol storage tanks; 

(ii) The area immediately north of the 
truck scales fronting on Garage Road. 

(B) Both of the foregoing areas are to be 
adequately marked with signs which signs 
will state the parking restrictions. 

(h) The following schedule Lists arear . m ' ■ shich 
'. moking h. proliibit e d wt the no smoking rc- 
stnctions at the Morehead City Terminal; 

(1) Smoking is prohibited in aU areas south 
of the railroad tracks along Transit Road 
and on the Open Berth Areas. Smoking 
will be pennittcd only within designated 
smoking areas. 

(2) Smoking is also prohibited within Storage 
Warehouses 4, 5, 6, 7, S, 9, and 10 and 
signs are posted in the following locations; 

East and West ends of North aft4 South sides 
of Transit Shed 1. 



sides 
sides 
sides 
sides 
sides 
sides 
sides 
sides 
sides 
ends 



East and West ends of North and South 

of Transit Shed 2. 
East and West ends of North aft4 South 

of Transit Shed 3. 
East and West ends of North sift4 South 

of Warehouse 4. 
East and West ends of North and South 

of Warehouse 5. 
North and South ends of East and West 

of Warehouse 6. 
North and South ends of East and West 

of Warehouse 7. 
North and South ends of East and West 

of Warehouse 8. 
North and South ends of East and West 

of Warehouse 9. 
East and West ends of North and South 

of Warehouse 1 0. 
East and West sides and North and South 

of Transit Shed 4^ 

Statutofj Authority G.S. I43B-46I. 

SLBCIIAPTF.R I.^F - PKKSONNEL 



SECTION .0100 - .\FFIRMATI\ E ACTION 
POLICY (REPEALED) 

.0101 GENERAL 

.0102 assi(;nment of rfsponsiiui ities 

.0103 ltil izaiion analysis 

.0104 goals and timetahles 

.0105 iniernal evallaiion 

.0106 reporting procedl res 

.0107 job strlcflring 

.0108 selecnon and placement 

.0109 recrlitment 

.01 10 sources of recrlitment 

.0111 emplo'sment applications 

ON FILE 
.0112 RECORDS AND REPORTS 

Statutory Authority G.S. 1438-454(5). 

.0115 GRIEVANCE PROCEDL RES 

.0116 IMPLEMENTATION PROGRAM 

.0117 EQUAL EMPLOY.MENT OPPORTUNITY 

GOALS 
.01 18 L ! III/.VriON OF SKILLS OF PRESENT 

EMPLOYEES 
.0119 WAGE AND SALARY STRUCTURE 
.0120 BENEFITS AND CONDITIONS OF 

EMPLO^MENT 
.0121 LABOR LNIONS 
.0122 OUTSIDE CONTRACTORS 

Statutory Authority G.S. 1438-454(5). 

SECTION .0200 - EQU.VL EMPLO^MENT 
OPPORTUNITY (REPEALED) 



■,?,f 



NORTH CAROLIN.A REGISTER 



PROPOSED RULES 



.0201 POLICY S TA IKMEN r 
.0202 APPEAL PKOC KDLKE 

Statutory Authority G.S. 1438-454(5). 

SEC! ION .0300 - GENERAL EMPLOYMENT 
POLICIES 

.0301 GENERAL 

(a) The State Ports Authority Personnel Man- 
ual sets forth the policies and regulations con- 
cerning personnel management at the North 
Carolina State Ports Authority, fof C i alariod em- 
ployoofj. Its purpose is to assure fairness and 
equality in the handling of all personnel matters. 
Should changes or additions in policies be re- 
quired, new supplements will be issued for 
inclusion in the manual. 

(b) Major sections of the manual are: 

(1) general omploymunt policion, Fqual Fm- 

plovment Opportunity Policy Statement 
and Sexual i larassment Policy Statement, 

(2) position mnnagomont, general employment 

policies, 

(3) pay plan, 

(4) leave and separation, 

(5) employee relations, 

(6) manpower de' i clopinecit. dnig testing pro- 

gram ■ 

(c) Pof L'ii '. c * »f reading. (+h* North Carnluui 
State Port ^ i ]\utlinrily h relLMTod te as tlw Portf . 
Authority throughout t+M* manual aH4 (+t# mk"' . 
ift y*» Siibchaptor. Copio i ' . (4 f-h^ manual wtil 
be ir . r . uod te oaoh department head . Copies of 
the manual will be issued to each department 
head and to each first line supervisor. 

Statutory^ Authority G.S. l43B-454(5): I50B-I4. 

.0302 PERSONNEL Ql ESIIONS 

Any questions concerning personnel matters 
should be directed to the Personnel Officer of the 
Ports Authority at the following address: 
Personnel Officer 
North Carolina State Ports Authority 
P.O. Box ^^4^ Q002 
Wilmington, North Carolina , 
'jX4W» 28402. 

Statutory Authority G.S. l43B-454(5). 

TITLE 10 - DKPARIMKM OF HI MAN 
RFSOLRCFS 



lyotice is hereby ghen in accordance with G.S. 
150B-I2 that the Department of Human Re- 
sources intends to adopt, amend, nde(s) cited as 



JO NCAC 3G .2204. .2205, .2211, .2212, .2214, 
.2304, .2305, .2307, .23I0-.23I4, .240/-. 2403, 
.2409, .2423, .2438, .2443, .2449 -.2451, .2501, 
.2510, .2515, .2516, .2525, .2528, .2602, .26/0, 
.300/, .3/0/ - .3302, .340/ - .3425. and .3501 - 
.35/9. 

I he proposed effective date of this action is June 
/, /9S9. 

I lie public hearing will be conducted at 4:00 
p.m. on December /5. /9S8 at Division of Facility 
Services. Hearing Room. Council Building. 70/ 
Barbour Drive. Raleigh, A'C 27603. 



Co 



-ommcnt Procedures: Address Comments to: 

/^ynda McDaniel 

Division of Facility Senices 

70/ Barbour Dri\'e 

Raleigh, A'C 27603. 

By / 2-/5-88. 
Comments will also be received orally at the 
hearing. 

ClIAPIER 3 - EACILIT^ SERMCES 

SLBCIIAPIER 3G - RADIATION PROTECIION 

SECI ION .2200 - (VENKRAI. I'RON ISIONS 

.2204 DEEINinONS 

( 19) "I-quipment ■.tj r . icing aH4 services" means 
the selling, installation, rebuilding, conver- 
sion, repair, inspection, testing, survey, or 
calibration of equipment which can affect 
the compliance with these Regulations by a 
licensee or registrant. 

(30) "licensing state" means any state with 
regulations equivalent to the Conference of 
Radiation Control Pn\gram Directors, Inc. 
Suggested State Regulations for Control of 
Radiation relating to, and an effective pro- 
gram for, the regulatory control of naturally 
occurring and accelerator pii^duced radioac- 
tive material (N.XRM) and so designated as 
such by the Conference of Radiation Con- 
trol Program Directors, Inc. Unless the 
contest clearh' indicates otherwise, use of the 
tenn .Agreement State in this Subchapter 
shall be deemed to inckule licensing state 



with respect to N.AR.M 
(31 ) "Misadministration " means the adminis- 
tration of: 

(a) a radiopharmaceutical or source of radi- 
ation other than the one intended: 

(b) a radiophanneceutical or nuli.itiiin to the 
wrong patient: 



NORTH CAROLINA REGISTER 



7S9 



PROPOSED RULES 



(c) a radiophamiaccutical or radiation hv a 
route of administration other than that 
intended hy the prcscrihiniz ph\sieian; 

(d) a diaimostic dosage ot^ a radio- 
pharmaceutieal or souree of radiation dif- 
fennu from the presenhed dosaae by more 
than 50 pereent ; 

(e) a theraphv dosage of radiopharmaceiitieal 
dilTennu frc^m the prescnhed dosage by 
more tJKin 10 percent: or 

(f) a theraiihv radiation dtise from a source 
of radiation such that errors in the source 
cahbration. time ot exposure, or treatment 
geometPi result in a calculated total treat- 
mcnt dose ditfenng from the final pre- 



scribed total treatment dose by more than 
10 percent. 
(.^2) "Mobile nuclear medicine ser\iccs" means 

the transportation and medical use of radio- 

actne matcnal. 
(33) (44^ 
(.^) f^ 
135|(aa^ 
(36) k^ 
(37|f44} 
(3S) f^Uj 
[322 fri^ 

(40) f^ 

(41) f4^ 

(42) fr^ "Radiation area" means any area, ac- 
cessible to indniduals. in which there exists 
radiation at such levels that, tf <*« indi' . idual 
' ■ ' i crc continuoui i ly prL" i L ' nt. a major portion 
of the body could receive in any one hour a 
dose in excess of five millirems, or in any 
r . c" < L'n ^\\Q consecuti\e days a dose in excess 
of 100 miUirems. 

(43) (40^ 



(44)H4-» 

(45) f4a^ 

(46) f+if "Radioactive Waste Disposal 
Facility" means any facility established for 
the purpose of receiving radioactive materi- 
als from another licensee to be processed 
incidental to disposal. 

(47') f44) "Radioactive W'ar . to Procor . r . ing Facil 
k^ waste processing facilit\ " means any 
lo\v-le\el radioactne uaste facility, as de- 
fined in G.S. 104i:-5(^>b). established for the 
purpose of receiving radiiKicti'rU waste m*- 
tL ' nal '. generated bv frcmi another licensee to 
be procL" i'' L ' d stored, compacted, incinerated 
or treated, i ncid e ntal t++ d i vpo -. al. 

(4S!) f4^ 

(4^f4^ 

(50) Ir^ 

(51) f4^ 



(531 f^ 
(54) f^ 
155] f^ 
[561 f^ 

1572 f^ 
(5S!) fi^ 

f^ "Special fonn" moanr . aft¥ &f th^i 

physical fonnr . »f lioonwd material (4" aay 
tran ' iport group: 
{t^ 44w matcnal i* m solid fonn basing ho 
dimon 'f ion le** than Or4 millimetor ef (rt 
l e a -. t e+h» dimt'n -. icm grt ' atcr than frv*» 
millimolerc i : dooi: . wet- melt . ! i ublimL'. ef ^g- 
ftri* ift atf at- a tempc'ruturc e+" 1 .000' b'.: 
w+4i FH4- shatt e r »f crumble tf subjected te- 
tl+e percussion t<«* descnbod » Rule .2215 
ef t4«^ Section: aft^i » b*4 dii i tioh i ed e* 
concerted m4«' dir . persible fonn te f4+e es- 
ti*ft4- ef more Atm 0.005 percent by sveight 
l*y immersion fe* e+te sveek m vsater at- 
6S F. ef ifl- atf at- 86" b.: &f 
fb-^ 4-bi* material k- s e cur e ly contained t» a 
cap 'i ule basing h*^ dimension le*7 than OS 
millim e ter Bf- at- least &fte dimension 
greater than frvt? millimeterr i . ".vttt retain ft* 
contents tf subjected to t4*t» te ^. ts pfe- 
scnb e d » Rul e .2215 (r4 tlws Section: af+4 
i* con! i tRicted «4 matenals sviiich 4b- He4 
molt, sublim e . t>f ignite m- aw at- 1 . I "'5"l'.. 
a«4 4t+ ftt+t- dissoKe Ht consert w+e- 
di '. persible fonn t«- t4+e e.'ileiU t4 mor e 
than 0.005 percent by- sveiglu bv- 
imm e rsion fof ofte sveek » svater at- 68 F. 
e* m- a» at- ^ . 6-1'. 
(50) "Special form radioacti\e material" means 
radioactne matenal which sat i sties the fol- 
lowing conditions: 

(a) It is either a single solid piece or is con- 
tained m a sealed capsule that can be 
opened only by destroMiig the capsule; 

(b) i he piece or capsule has a[ least one di- 
mension not less than five millimeters 
((J. 197 inch): and 

(c) \\_ satisfies the test requirements specified 
by the I ,S. Nuclear Regulators' Commis- 
sion and the tests prescnbed m Rule .221 5 
of this Section. A special fonn 
encapsulation designed in accordance with 
the IS. Nuclear Rcgukitopt Commission 
requirements in effect on .lunc 30. l')X4. 
and constructed pnor to Juh 1, 19S5. ma\ 
continue to be used. A special lonn 

either designed or con- 



enscapukition 
St meted after 



fune 30, l')S5. must meet 



requirements o\_ this definition applicable 
at the time of its design or construction. 



(60) f^ 
(61)f^ 



740 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(63) f6% "These Regulations and these Rules" 
means Subchapter 3G of this Title. 

(-6-1-^ " Triinr . pi^rt group" muuni i *h¥ »ft» e4^ 
(K ' von groups wi^» vvhich rudionucilJe !'. i» 
nomiul to mi afe clu' i rafiod, atcordina te thi ' ir 
toxicity rt«4 thoir rolutis'L ' potential hib'.ard h% 
trau '. port, » R^ulo 22\ ' \ ©f th» Section, <**- 

fi*+ Aftv radioiuiclidL ' FH4- r . pL'cirically li ' jtcd i» 
e+H* (-4 t4+e groups h+ Rule .22M ef th+^ 
Sootion iihall t>e a j.-. igned to- ewe »f t44e 
groupf ' m uccorduncc vs'ith the foUo' i vnig 
table: 

Radioacti' i e haif life 

RadionuJul - j U k* Wai4 44liW day* te 

.1-11 -■ 111 1 ■ t - ■ j-f 

atomic number Ciroup 444 Group H 

Group J44 
at tunic number Group T Group T 

Group T44 

fb-f T^ mixture ' / . e4~ radionuclideo Ae follow 
i»g '' hall apply: 

ft+ i+ t+^^ iclentity rt+*4 re '' pecti\ e acti' i ily 
ef each radionuclide *w lirunsii. tl+e pt^^ 
mi '.'i ible activity t-4 eacli radionuclide i . hall 
bt^ '. uch t+Hit- t4tr» • jum. fi-vf edl gixHipi. pre& 
w+b of tl*t» ratio betv^eeii (4w toted acti> ity 
fof each group t+* t+n* peiinii .' jible activity 
f(rH= eiich group vrtff ftt-4 be greater tlum 
umty; 
(ii^ if tt» gjoups ef tf*^ radioiuiclides aw 
known b«t- #h* amount h* each group 
cannot be rea ^. onably detennined. tf+e 
mixtur e i . hall be a '. i . ign e d h& the mor . t Fe- 
L . lnctive group prer . ent. 
(4h^ ff tbe identity ef aU ep some of the 
radionuclide - : , cannot be reasonably deter 
mined. each o4~ thos e unidentified 
radiiuuiclide ' . . i . hall be ctui i. ider e d a* be- 
longing to- t+»e inoL . t restiicti' i e group 
V i hich cannot be positively e xclud e d. 
fiv-^ Mixtures con -. is . ting ef a single radio 
active decay chain where t+ie radionuclides 
are m- tl-te naturally occumng proportions 
shall be coiV i idered at; ccuisi '. ting »f a sw*- 
gie radionuclide. 4-be groi> f> i»^ activity 
shall be tbat- ef tf*e fet- member present 
vpt t4»e chain, e xcept tbat- if a radionuclid e 
^^^V^ ba* a half life longer than tbat- t+f tbat- 
fif^t- member awd aft- activ ity greater than 
t4wt- of aft¥ other m e mb e r, including tbe 
first . at- afty time during transportation. 



(Ml 



tbe transport group ef tbe luiclide ^^^i-^ 
aft4 tbe activity »f tbe mixture shall be t+te 
maximum activity »f t4«*t- nuclid e ^^^i-^ 
during tranr-portation. 
"Type A quantity" means a quantity of 



radicwctive material, the auin^eszate radio- 



activitv of which does not exceed A] for 
special form radioactive material or Ai ra- 
dioactive material, where Aj_ and At arc 
tnvcn in Rule .2214 of this Section or ma' 



he detennined by procedures descnbcd m 
Rule .2214 of this Section. All quantities 
of radioactive material greater than a 1 vpe 
A quantity are Type B^ 

(66) (4^ 
(67)f64> 
(68) f^ 
(60) f^ 
(70) (4?) 

(72) f60) "Waste" means those low-level radio- 
active vva ' .ites ccmtaining source, special h«- 
clear, ef bvproduct material t4*at- afe 
acceptable fef disposal m- a la«4 dispo '. al frt- 
cility. f*e* tbe purposes ef tbt* definition, 
low level radioactive vva '. le hat* tbe saffte 
meaiung a* wt tbe national 1 ovv Tevel Wast e 
Policy Aetr t+tat- i* radioactive waste Het- 
dar . i . ified a* high lev e l radiotictiv e vva '. te. 
tranr . uranic vva i. te. spent nuclear fu e l, ef by— 
product material as defined » Section 
1 l e .(2> ef tfte Atomic T'nergy Aet- (uranium 
ef thorium tailings aft4 wast e ), waste as 
defined in G.S. 1041--5(Qa) and includes H^ 
censed naturally occumng and accelerator 
produced radioactive malcnal which is not 
subject to regulation by the IS. Nuclear 
Regulaton' Gommission under the Atomic 
I'^nergy ,-\ct of 1^54, as amended, except as 
defined differently in Rule .3.^)2 id' this 
Subchapter. 

Statutory Authority G.S. l04F.-7(2). 

.2205 OTHER DEFINITIONS 

Definitions of certain other words and phrases 
as used in these Regulations are set forth in other 
se€4<effi» Sections .261)0. .2700. .2900, .3300. .3400 
and .3.^00 of this Subchapter. 

Staluloty Authority G.S. I04E-7. 

.2211 PKOIIIBITEO I SES 

(a) Hand-held fluoroscopic screens shall not 
be used. 

(b) Shoe-fitting lluoroscopic devices shall not 
be used. 



NORTH CAROLIN.A REGISTER 



741 



PROPOSED RULES 



(c) I'tTcctis'c Fcbruan' 1, 1981, plactio plastic 
pointed position indicating devices oii intraoral 
dental i\ stems shall not be used. 

(dl 1 tTceti\c .laTUiaPv' j_, 1983. mechanical tim- 
ers on mtraoral dental timers shall not he used. 

(e) Dental tluoroscopv without image 
intensification shall not be used. 

(f) Non-inieioilied photofluorographic equip- 
ment --hall not he used. 



Staiutoiy Authority G.S. I04E-7. 

.2212 ( ()\l\lt MC \IIO\S 

.VU communications and reports concerning 
these Regulations, and applications filed there- 
under, shall be addressed to the agenc\' at its of- 
fice located at l^^M ^ MuPf c . LStruet. PtOt ftt» 
4-i^W 2111 Barbour Drive. Raleigh, North 
Carolina 2^6115 2"M\^-20ri8. 

Statutofj Authority G.S. I04E-7. 

.2214 CI ASSIMC ATION OF RADIOACl l\ E 
M MKKIAI. 

(-a4 Fxci- ' pt »tv pro' i idod othop i vi ' n, ' l*v Ae dofi 
nition e4 trcin -' p>in jroup m Rul e .22 i >l(M ) e4' 
t44* Si. ' ciion. U+e trau '. poil gnuip fof 
radionuclkk' '. ■' hall he dL'tomiinod Irom Ai? fe4- 
Unvin ' j tiihlo: 



TR.W^ I 'OR r GROIPING Oj^ 
R.VLMOMCIIDIS 



Element 
Actinium (-!^ft+ 
Amoricium fi^ 
iVntimony (-?-l4 

iVrgon (-4-iv> 
Ari ' Onic frM-f 



A '' tntino (^4^- 
Ranum (4^ 



R e i-kt'lium (Xg^ 
B e pi Ilium t-k 
BiL . muth *-Xet 



Radionuclide Group 

.\c 277 i 

Ac 22S i 

Am 2 1 1 i 

Am 21,^ i 

Sb 122 P^ 

Sb 121 H4- 

Sb 125 m 

Ai-H- «■ 

Af-H- V 

(uncompr>?^ '' ed > 



Av^ 
A&-54 

A^-?4 
A^^-W 
.\t 211 

Ha IJJ 
Ba 1 10 
Bk 2 1'^ 

Bi 206 
Bi 207 



a: 
a: 
a; 
m 

u 
m 

a: 
a: 

m 



Bromino f34) 
Cadmium f+S-^ 



Calcium (-2% 
Califorruum f^^ 



Carbon (4^ 
Conum f^ 



Cor . ium (4^ 



Chlorin e f4^ 

Chromium (-344 
Co bah {¥^ 



Copp e r f3% 
Curium fi^^ 



Dyr . protiium (-^ 

Hrbium ffe^ 
Furopium (-63-^ 



Fluorin e (-0-f 
Gadolinium (-M4 

Gallium (44^ 

Gennanium fry-f 
Gi^<g% 



Bi 212 

Cd 109 
Cd 115m 
Cd 115 

e*-4;i 

Cr21Q 
Cf 250 
Cf 252 
G^4 
Co 111 
Co 1 1.1 
Co 111 
Co 1.11 
Co Film 
Co 1.11 
Cs F15 
Co 116 
Co 137 

&A4S 

Co 56 
Co 57 
Co 5^171 

G«-4s; 

Co 60 
G«-&4 
Cm 212 
Cm 211 
Cm 2 1 1 
Cm 215 
Cm 2 16 
Dv 151 
Dv 165 
Dv 166 



Ai 
A^ 

Ai 
Ai 
Ai 

i 

A^ 
Ai 
Ai 

Ai 
Wt 
HF 
FV: 

Fir^ 

HF 

m 

FV 
FV 

HF 
A^ 
^ 

HF 

FV 



FV: 



Fr 169 
Er 171 
Eu 150 
Eu 152m 
Eu 151 
Eu 155 
A-4* 
Gd 15.1 
Gd 15'.J 



I lafnium 
Ilolmium (4^ 



Au \^n 

Au 10 1 
A«-Miil 
Au lt^6 
Au I'^S 
,\u 199 
Hf 181 
IIo 166 



FV 

FV: 
Hi 

P.i 

«■ 

FV: 

Ai 

Pr: 

FV 

HF 

A-i 

FV 

HF 

FH- 

UF 

FV 

FV 

FV 

FV 

a: 



:\ORTH CAROLINA REGLSTER 



PROPOSED RULES 



llydrQUJn f44 
fw?«* intium) 
Indium f4% 



lodiiiL' f^ 



Iridiu! 

TTTTTT T — ^ 7 

Krypton (4^ 






L-Utotiuin 






M e r LiM ^- fV>^ 






Nicke l fj^ 



Niobium t4-i-4 



Of i mium (-^7 



4+4 

In 113m 
In 11 Im 
In 1 15m 
In 115 
1-404 

1-446 



l-44a 

4-444- 
+440 
4-444 
4444 
4-444 

+-+a 

4f4J4 
I' e •^5 

4-,^4a 

Kvi V5m 
(uncoir.pror .' jL'd) 
4.rf4i4 144- 

Kr »;> \4 

4-^4^;^ 44- 

f uncomprLT i' j e d) 



m 

4V 
4V 
44+ 

44+ 
44* 

m 

4V 
444 
4\^ 
+V 
4V 
H4- 

tv- 

4V 
4V. 
444 
\^ 



+ 



4Q 



4i 



!«-"' 



Pb 210 
44^444 
I,L- \"2 
4-«-4-::4 



Mh- 



M n 5 i 
Mn 56 
4 b - : H^7m 
Ilq 107 
Il i i 2 3 
J^^^^ (MbP) 

X4444 

Nd biq 



Ni 



:-a 



>;^e44 

N+44 

.>4^_a^ 
\b Q 7 
(4T-i45 
O i -. K i lm 
©s-444- 



4V 

4V 

44- 

44- 

+44 

tV 

4« 

4^ 

+V 

^ 

i^A 

U 

iV- 

4¥ 

4V 

4 

4 

4« 

4V 
tv: 

4V 
4i^ 
+V. 



Palladium (44> 

I'hor . pliorun f44^ 
Platmum f74) 



Plutonium (^ 



Polonium fM^ 
Potassium (44) 



Radium (4^ 




Rhodium (4i) 
Rubidium (^ 

Ruthenium {44^ 



Scandium (044 



Selenium (44) 
Silicon f44) 
Si4wf (4;i> 



Sodium f44) 



Or . 103 
I'd 103 
Pd lOQ 
4^40 
Pt IQl 
Pt 193 
Pt 103 m 
Pt 107m 
Pt 107 
Pu 23S(r) 
Pu 230([;) 
Pu 210 
4^u 211(l') 
Pu 212 
Po 210 

rv ■ ( ii 

1+44 
Pr 1 12 



+V: 

V- 

+V: 

IX- 

4V 

4i-i 

tV 

+V: 

4V 



Pr 1 13 



Prar . oodymium ^49-f 
Prometluum (41^ Pm M7 
Protactinium (4k 



Pm 1 19 
Pa 230 
Pa 23 1 
Pa 233 
Ra 223 
4.ki-404 
Ra 226 
Ru 22> ; 
Rn 220 



■ in J. J. 



4 

4^«446 
R e 187 



m 

+v 

+V: 
+V 
4 
4 
44 
il- 
ii 
I 
i 

4V 
U 
4V 
4V 
4V 
4V 



Ro 1S8 

Re Natural 4\ 



Rh 103m 
Rh 105 

R4^4;t 

Rb Natural IV 



4V 
IX- 
IX- 
4V 



P y Q7 

44^1-404 
Ru 105 
Ru 106 
Sm 1 15 
Sm bl7 
Sm 151 
Sm. 153 
Se44 
Sfr4;i 
S^4« 

L"'L' J' w' 

Si44 
Ag 105 
Au 110m 
Aa 111 
N*40 
N*44 



4V 
IX- 
4V 
Hi 
Hi 
lU 
IX 
iX 
Hi 
IX- 
iX 
IX 
IX 
IX 
Hi 
IX 
Hi 
iX 



NORTH CAROLINA REGISTER 



743 



PROPOSED RULES 



■ Strontium (4*^ 



Tantalum f^^^ 
I uthnt ' tium f-14f 



Tu ' llurium (45) 



lorbium (-64) 
Thullium (44^ 



I honum fWH 



Ihulium ffeCi^ 

Fntium (4) 

Tungt ' ton (44f 
Uranium (J^^l 



Sr Si 5m 

J>H-44 
Sf-40 

Ta 1S2 
To '^6m 

To 07m 

To 90m 

T ^ 135m 
To 137m 
It ' 127 



T e 130m 
l \ ' 120 



;U 

Ai 

P^ 
Ai 
iV 
P^ 
P-i 
PA 
P^ 
P-i 
PA 

PA 

PA 

Prl 

PA 

PA 

U4- 

P 

I 

4- 



Vanadium f34) 
Xonon (44) 



T tf L^2 
lb 160 

Tl 31)0 

n 301 

Tl 303 

ri 30 1 

Th 227 
Th 228 
Th 2,^0 
Til 2y\ 
I'h 232 
Th 2.V1 
44i-^'.**te«Wt 

Tm i6> ; m 

Tm 170 m 

Tm 171 PA 

Sn 113 Pi 

Sn 117m m 

Sn 121 P+ 

Sn 125 PA 

;P4 PA 

luminouf . paint, ef 
ab '. Hrbod (-H+ m-4+4 

miit t^ nal) V44- 

W ISl PA 

W 185 PA 

W 1S7 PA 

t-4^ tt 

4-443 t 

4-444(44 » 

4-444 U 

4-445 f44 P4- 

4r-344 H 

4r^4« m 

r Natural P4- 
r I'nnohodljl ) 



t'ttorbium fW) 
\ttnum (49) 



iA-4« 4V- 

v-4a w 
Xo 125 m 
Xo 131m H4 
Xo 131m V- 
(unoompro'cnod) 
Xo 133 P4 
Xo 133 V4 
(unoomprf ' jC i od) 
Xo 135 « 
Xo 135 V 
(unoompruLii i od) 



7;^^ /TAX 

^_J 1 1 IT? r^^TT 

Zirconium f40) 



M3 175 

Y eg 

¥-W 

V Olm 
^>-a4 
¥4Ja 
^'^-^ 
;4ft-6i 
/,n 60m 
&^-^ 

,41-04 



PA 
444 
PA 
H4 
444 
PA 
PA 
4V. 
PA 
PA 
PA 

PA 



(fe^ 44h» follcHving i* »» explanation e4 t^ He- 
tationo found m- tl+e tablo m- (r^ t4 y*» Rulo. 
(44 ^-h** atomic numb e r ** ' ihown h+ paron 
tho ^' i ;. folltHvinu t4n* namo fc4 t4fe olomont; 
(4) 44h* atomic maoo numbor » immodiatoly 
te- t4M* riglit 44* e4 A<* olomont oymbol m 
t4H? column e ntitled radionuclide; 

44h* tonn, unoompro j. r . t'd. moans at- a 
pro ii ouro Ht+t- oxcoodino fH*«* atmof . phoro: 
44w letter, "m", meanr . motai i table otato: 



44w term. (4^ moano fir i oilo matoriaJ. 



H) 

For a sinale radionuclide ot known identity, the 
values of A_l and A 7 u.sed for determining Ivpe 
A quantity in the Rules of this Subchapter are 
taken from Appendix A of J_0 CI R 7_1_ as revised 
at 48 I'ederal Register 35600, August 5. 1983. and 
corrections at 48 Icdcral Register 38449, August 
24, 1983. 



Statutory Authority G.S. I04E-I5. 

SFXTION .2300 - RK(;iS I RATION OF 

R.\ni.\TION MACHINES: 

FACILITIES AND SERVICES 

.2.^04 PROIIIHITED SERMCES AND 
TRANSPORIATION 

(a) Fxcept as pro\idcd in Paragraph (b) of this 
Rule or otherwise authon/.ed in writing bv the 
agency, each person registered pursuant to Rule 
.2303 of this Section shall prohibit any person 
from furnishing radiation machin e equipment 
oonicing ef scn,ices a* dcscnbcd in Rule .2305(d) 



^44 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



of this Section to his raJiution machino facility 
until such person provides evidence that he has 
boon is currently registered with the agency as a 
provider of such services in accordance with Rule 
.2305 of this Section. 

(h) No person registered pursuant to the pro- 
\isions of Rule .23(13 of this Section shall per- 



fonn any services listed in Rule .23n5(d) of this 
Section in his facilit\ unless such person satisfies 
the applicable requirements in Rules .23(15. 
.2313, and .2314 ot^ this Section and has received 
written authorization frcnn the agency to perfonn 
such services. 

Statutory Authority G.S. I04E-7. 

.2.^05 AIMMICVnON KOR RKGIS TRATION 
Ol SKRMCKS 

(a) Each person who is engaged in the business 
of installing or olTcnng to install radiation ma- 
chines and machine components or is engaged in 
the business of furnishing or otTering to furnish 
radiation machino ;<^ n icina ef any ecjuipment 
services listed in Paragraph (d) of this Rule in this 
state, to an agenc\ licensee or registrant, shall 
apply for registration of such services with the 
agency within 30 days following the amended ef- 
fective date of this Rule or thereafter pnor to 
furnishing or offering to furnish any of these ser- 
vices. 

(b) Apphcation for registration shall be com- 
pleted on agency fonn DPS 5101 and shall con- 
tain all mformation required by the agency as 
indicated on the form and accompanying in- 
structions. This information shall includ e'i : in- 
clude: 

(1) the name, address and telephone number 
of: 

(A) the indi\idual or the company to be 
registered: 

(B) the owner(s) of the company; 

(2) the description of the services to be pro- 

\ided; 

(3) the name, training and experience of each 
person who pro\ides sers'ices specified in 
(d) of this Rule; rt«4 

the date of the application and the signa- 
ture of the person responsible for the 
company; bonoatli » ' . . talomont ' . . p e cifi e d ift 
fe) ef t44^ Rulo and 
an\" additional infonnation the agencv de- 



(4 



ill 



tcrmines to be necessan. for e\aluation of 



the applicatmn for registration 
(c) Each person applying for registration under 
Subi: . oction Paragraph (aj of this Rule shall apoc 
if¥4 certify 



(4^ that he has read and understands the re- 
quirements »f thoijo R e gulation '. . a«4 the 
Rules in this Subchapter. 

(r3) *ht» training ami OKpononoo ' ■ ' ■ hioh qualify 
h«» t» discharg e th*» oon i ico! . f&f which W 
»* applying fef rogiotration. 
(d) Por the purpose of this Section, equipment 
services includ e : arc 

(1) direct sale and transfer of radiation ma- 
chines and machine components to end 



(2) f4-^ installation or ser\'icing of radiation 
machines and associated radiation ma- 
chine comp>onents; 

f^ calibration e4^ radiation machinoo »f radi 
ation meaL\uromont inj i tnimonto ef 4e- 



(3) radiation protoction »f hoalth phy '. icf . con 
Liultation ' j ef our i oyo; diagnostic 
radiographic facility and shielding design; 
per -. onn e l doi i imotry oon'ico ' . i ; diagnostic 



(4) 
(5) 

til 



fluoroscophic facility and shielding design; 
di:ignostic area radiation survey, e.g., 
shrelding do -i ign afhi c\'aluation; 
radiation instrument calibration; 



ther.ipeutic tacilitv and shielding design, 
area radiation sur\ey or calibration; 
(S) pers(Mmel dosimelr\" services 
(9) general health ph\ sics C(m ■suiting, e.g.. in- 
dependent diagnostic radiation output 
measurements, dose anah sis, design of 
safety programs and radiation safety 
training programs, non-healing arts facility 
and shielding design and area radiation 
surveys; and 

such other equipment seniccs which can 
affect compliance with these Regulations 
h\ a licensee or registrant, as determined 
by the agency. 

Applicants for registration of services are 

subject to the applicable requirements of Rules 
.2313 and .2314 of this Section. 



(£l 



Statutory Authority G.S. I04E-7. 

.2.^07 ISSl WCK OF NOTICE OF 
REGISTR.UION 

(a) I pon a- dotonnination A«4- Mt applicant 
moot ;. A«» roquiromunto t»f tho i. o Rogulationr . , Ae 
agoncy ohall i -. f . u e a notice ef rogi '. tration. 1 he 
agcnc\' shall issue a notice of registration upon a 
detennination that an applicant: 

( 1 ) is qualified bv reason of education, train- 
ing and experience; 

(2) has adequate facilities and equipment; 

(3) has established an adequate radiation 
protection program appropriate to the 
registered acti\'ities; and 



NORTH CAROLINA REGISTER 



745 



PROPOSED RULES 



(A) meets the applicable requirements in this 
Subchapter, 

(b) The agency may incorporate in the notice 
of registration at the time of issuance or thereafter 
by amendment or order, such additional require- 
ments and conditions with respect to the regis- 
trant's receipt, possession, use and transfer of 
radiation machines as the agency deems appro- 
pnate or necessary for compliance with the Rules 
in this Subchapter. Such additional requirements 
are subject to appeal under 10 NCAC 3B .0500. 

(c) The agency may refuse to grant a registra- 
tion required in Rules .2303 and .2305 ot' this 
Section to any applicant who docs not possess 
adequate qualification, equipment or satisfy the 
applicable requirement in this Subchapter; pro- 
\idcd that, betore any order is entered denying 
an application for registration, the agency shall 
gi\e notice and grant a heanni: as pro\ ided in 
Chapter 150 B ot the North C'arolma Cieneral 
Statues. 

Statutoiy Authority G.S. I04E-7. 

.2310 OTHER PKOniBITED .\CTIMTIES 

(a) No person registered pursuant to Rule 
.2305 of this Section for x-ray sales or installa- 
tions shall make, sell, lease, transfer, lend, as- 
semble, or install radiation machines or 
equipment used in connection with such ma- 
chines unless such machines and equipment 
when placed in operation shall meet the applica- 
ble requirements of these Regulations. 

(b) No person, in any ad\ertisemcnt, shall refer 
to the fact that he or his facility is registered with 
the agency pursuant to the proyisions of Rule 
.2303 or .2305 of this Section and no person shall 
state or imply that any activity under such regis- 
tration has been approved by the agency. 

(c) No person regstered pursuant to Rule 
.2305 of this Section shall install radiation ma- 
chines which are subject to provisions of Section 
.2700 of this Subchapter unless the red st rant first 
detennines that the agency has issued wntten ac- 
knowled'-iement of receipt of an\" plan revievy re- 
quired m Rule .2703 of this Subchapter. 

Statutory Authority G.S. I04E-7: I04E-20. 

.2M\ Ol T-OF-STATE K.\DIATION 
MACHINES 

(a) \VhL'iK" . L ' r ttftv No person shall bnne an\ 
radiation machine i^ k* tn* brought into the state, 
for any temporar)' use, Ai* unless such person 
has bringing such machinij tHte- A<> ; . tatL> '. hall 
tsv** given a wntten notice to the agency at least 
five working days before the machine is to 



be used in the state. The notice shall include the 



type of radiation machine; the nature, duration, 
and scope of use; and the exact location(s) where 
the radiation machine is to be used. If, for a 
specific case, the H¥» five working day period 
would impose an undue hardship on the person, 
he may, upon application to the agency, obtain 
permission to proceed sooner. 

(b) The out of ctat e person in Paragraph (a) 
of this Rule shall: 

(1) comply with all applicable rules in this 
Subchapter, including registration pursu- 
ant to Rule .2303 of this Section; and 

(2) supply the agency with such other infor- 
mation as the agency may reasonably re- 
quest. aft4 

(4^ fH+t- opLTiitc ' . i . 'ithin A# state »« a- tompo 
Fftfy batiis, » e.\coos »f 4-80 calendar d*r* 

Statutory Authority G.S. I04E-7. 

.2312 .MODIFICATIONS: REVOCATION: 
TERMINAIION OF REGISTR.ANTS 

(a) The terms and conditions of aU registrations 
are subject to amendment, revision or modifica- 
tion and aU registrations are subject to suspen- 
sion or revocation by reason of; 

( 1) amendments to the act; 

(2) rules adopted pursuant to provisions of the 
act; or 

(3) orders issued by the agency pursuant to 
provisions of the act and rules adopted 
pursuant to provisions of the act. 

(b) Any registration may be revoked, sus- 
pended or modified in whole or in part: 

(1) for any material false statement in the ap- 
plication or in any statement of fact re- 
quired by provisions of this Section; 

(2) because of conditions revealed by: 

(A) the application; 

(B) any statement of fact; 

(C) any report, record, inspection or other 
means, which would warrant the agency 
to refuse to grant a registration on original 
application: or 

(3) for violations of, or failure to observe any 
of the terms and conditions of the Act, the 
registration, the Rules of this Subchapter, 
or order of the agency. 

(c) Except in cases of willfulness or those in 
which the public health, interest or safety re- 
quires otherwise, prior to the institution of pro- 
ceedings for modification, revocation or 
suspension of a registrant, the agency shall: 

(1) call to the attention of the registrant in 
writing the facts or conduct which may 
warrant these actions, and 



^46 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) provide an opportunity for the registrant 
to demonstrator achieve comphance with 
all lawful requirements. 

(d) Before any order is entered suspending, re- 
voking or modifying a registration, the agency 
shall give notice and grant a hearing as provided 
in Chapter 150B of the North Carolina General 
Statutes. 

(e) The agency may terminate a registration 
upon written request submitted by the registrant 
to the agency. 

Statutory Authority G.S. I04E. 

.2313 .ADDITION Al. RF.Ql IREMENTS: 
RKGIS1 ERF.D SKRV ICES 

(a) An applicant for registration of diagnostic 
area radiation survey or calibration services pur- 
suant to Rule .2305 of this Section shall meet the 
following additional requirements: 

(1) The applicant shall have adequate radi- 
ation survey and radiation measurement 
equipment appropriate to the ser\'ices re- 
quested for authorization. 

(2) The applicant shall ensure that the equip- 
ment in Subparagraph (a)(r) of this Rule 
is calibrated at least every 12 months by 
persons registered to provided such ser- 
\ices pursuant to Rule .2,W5 of this Sec- 
tion, except as provided in Subparagraph 
(a)(3) of this Rule. 

(3) The applicant may perform the equipment 
calibrations required in Subparagraph 
(a)(2) of this Rule provided that: 

(A) such calibrations are currently traceable 
to the National Bureau of Standards; 

(B) the calibration procedures are approved 
by the agency; 

(C) the radiation sources used for such cal- 
ibration are licensed or registered as re- 
quired by the Rules in this Subchapter; 
and 

(D) the equipment is labeled to indicate the 
date of calibration and records of the cali- 
bration are maintained. 

(4) The apphcant shall submit, for approval 
by the agency: 

(A) A description of the procedures that 
will be utilized in performing area radi- 
ation surveys including a list of all guides 
and references to the employed; 

(B) a copy of all forms, reports and docu- 
ments that will be supplied to customers; 

(C) samples of three different types of sur- 
veys; 

(D) samples of three reports of diagnostic 
radiation output measurements; and 



(E) samples of three therapeutic calibration 
reports, 
(b) An applicant for registration of services 
pursuant to Rule .2305 of this Section who pro- 
poses to provide diagnostic radiographic, 
fluoroscopic and therapeutic facility and shielding 
design seniccs shall meet the following additional 
requirements: 

(1) The appUcant shall submit, for approval 
by the agency, examples of the facihty and 
shielding design which will be provided to 
chents. 

(2) The applicant shall submit examples of the 
calculations which will be performed as 
part of the facility and shielding design 
along with any guides, occupancy factor 
rationales, and workload estimation ra- 
tionales which will be used. 

(3) The applicant shall ensure that the facility 
and shielding design services provided to 
licensees and registrants of the agency 
satisfy the applicable requirements in this 
Subchapter. 

Statutory Authority G.S. I04E-7. 

.2314 TRAINING AND EDI CATIONAL 

REQl IREMENTS FOR EQUIPMENT 
SERVICES 

(a) Each person registered pursuant to Rule 
.2305 of tliis Section shall be qualified by reason 
of education, training and experience to provide 
the sers'ices for which registration is requested. 
Ihe following are minimum qualifications for 
specific types of ser^'ices: 

(1) Class I - sales of radiation machines and 
machine components to end users: The 
applicant must certify knowledge of fa- 
miliarity with the rules and regulations 
which govern the possession, installation 
and use of radiation machines in North 
Carolina. 

(2) Class II - installation and service of radi- 
ation machines and machine components 
including the making of diagnostic radi- 
ation output measurements to verify per- 
formance associated with the installation 
or service: 

(A) manufacturer's equipment school for 
ser\'ice, maintenance and installation for 
the specific type of machine use; 

(B) training in principles of radiation pro- 
tection; and 

(C) three to six months of experience in 
installation and service of radiation ma- 
chines and machine components. 

(3) Class 111 - diagnostic radiographic facihty 
and shielding design: 



NORTH CAROLINA REGISTER 



747 



PROPOSED RULES 



(A) formal training in principles of radiation 
protection; 

(B) fonnal training in shielding design; and 

(C) one year of expencnce in diagnostic 
radiographic facility and shielding design 
for the specific type of machine applica- 
tion. 

(4) Class I\' - diagnostic fluoroscopic facility 
and shielding design: 

(A) formal training in principles of radiation 
protection; 

(B) formal training in shielding design; and 

(C) one year of experience in diagnostic 
fluroscopic facility and shielding design for 
the specific type of machine application. 

(5) Class V - diagnostic area radiation sun'ey, 
e.g.. shielding evaluation: 

(.•\) fonnal training in basic radiological 
heahh: 

(B) formal training in shieldmg e\aluation; 
and 

(C) one year of experience performing area 
radiation sur\eys. 

(6) Class \'I - radiation instrument cali- 
bration: The applicant must possess a 
current radioacti\e materials license or 
registration authorizing radiation instru- 
ment calibration. 

(7) Class \'II - therapeutic facihty and shield- 
ing design, area radiation sur\ey. or cali- 
bration: 

(.A) certitication by the Amencan Board of 

Radiology in therapeutic radiological 

physics, radiological ph\sics, roentgen-ray 

and gamma ray ph>'sics. or x-ray and 

radium physics; or 
(B) having the following minimum training 

and experience: 

(i) a master's degree in physics, 

biophysics, radiological physics or 
health physics: 

(ii) one year of fuU-time training in 
therapeutic radiological physics; 

(iii) one year of full-time experience in a 
therapeutic facility including personal 
calibration and spot-check of at least 
one machine: 

(i\) shall submit a description of the 
procedures that will be utilized in per- 
forming therapeutic calibrations includ- 
ing a list of aU guides and references to 
be empIoN'ed: 
(v) shall submit a copy of all forms, reports 

and documents that will be supplied to 

customers; and 
(vi) shall submit one sample of each specific 

type, e.g.. teletheraphy. accelerator. 



(8j Class VIII - personnel dosimetr,- ser\ice; 
The applicant must hold current person- 
nel dosimetry accreditation from the Na- 
tional Voluntary' laboratory 
Accreditation Program (NVLAP) of the 
National Bureau of Standards or use 
NVT.AP accredited dosimetry. 

(9) Class IX - general health physics consult- 
ing, e.g., independent diagnostic radiation 
output measurements, dose analysis, de- 
sign of safety programs, and radiation 
safety training programs, non-healing arts 
facihty and shielding design, and area ra- 
diation sur%'eys: 

(A) baccalaureate degree in a physical sci- 
ence, engineering or related field and two 
years of progressive experience in medical 
or health physics; graduate training in 
medical or health physics may be substi- 
tuted on a year for year basis; or 

(B) certification by the .Ajnerican Board of 
Radiology in therapeutic radiological 
physics, radiological physics, roentgen-ray 
and gamma ray physics, or x-ray and 
radium physics; or certification by the 
American Board of Health Phssics m 
health physics. 

(b) .Any person not meeting the requirements 
in Paragraph (ai of this Rule may apply to the 
agency for registration, provided such person 
demonstrates education, training and experience 
which is equivalent to that required in Paragraph 
(a) of this Rule. 

(c) /\ny person registered prior to the effecti\'e 
date of this Rule to pro\ide equipment services 
pursuant to Rule .2305 of this Section shall meet 
the education, training and experience require- 
ments in Paragraph (a) or (b) of this Rule no 
later than 24 months after the efiective date of 
this Rule. 

(d) The agency shaU initiate action to terminate 
the registration of any person who fails to com- 
plv with the requirements of Paragraph (c) of this 
Rule. 

Statutory Authority G.S. 104E-7. 

SECTION .2400 - LICENSING OF 
R.ADIO.\CTI\ E MATERIAL 

.2401 PURPOSE AND SCOPE 

(a) This Section pro\ides for the licensing of 
radioactive matenal. No person shaU receive, 
possess, use, transfer, own or acquire radioacti\'e 
material except as authorized in a specific or 
general license issued pursuant to, or as otherwise 
provided, in this Section. 



V<9 



\ORTH CAROLIXi REGISTER 



PROPOSED RULES 



(b) In addition to the requirements of this 
Section, 

( 1) All licensees arc subject to the requirements 

of S««+MW Sections .2500 and .3100 of this 
Subchapter, except as otherwise provided 
in the Rules of this Section; 

(2) licensees engaged in industrial 
radiographic operations are subject to the 
requirements of Section .2600 of this 
Subchapter; aft4 

(3) licensees using seded sources in the heal- 

ing arts are subject to the requirements of 
Section .2800 of this Subchapter; 

(4) L icensces engaged in the operation of ra- 
dioactive waste disposal facilities arc sub- 
ject to the requirements of Section .3300 



ill 



of this Subchapter; and 
Licensees engaged in well logging oper- 



ations arc subject to the requirements of 
Section .3400 of 1 1 1 1 .-■ '■ ' ibchapter. 
(c) In addition to the requirements of this Sec- 
tion, all licensees are subject to the annual fee 
provisions contained in Section .3200 of this 
Subchapter. 

Statutory Authority G.S. /04E-7; I04E-I0(b}; 
104 E- 19. 

.2402 KXKMPIIONS I OR SOURCE 
M.VIKRIAI, 

(2) source material contained in the following 
products: 
(A) glazed ceramic tableware, provided that 
the glaze contains not more than 20 per- 
cent by weight source material; 

U f iLSa-JJ »V ill L. elites nilll I IL 1 rtTTtT tiJlI^?' n lltl 1 ll?l 

{fit- containing not more than 44 ten per- 
cent by weight source material; but not 
including commercially manufactured 
glass brick, pane glass, ceramic tile, or 
other glass, glaos cnmnul or ceramic used 
in construction; 

(C) piczoclcctnc ceramic containing not 
more than two percent by weight source 
material; 

(D) glass enamel or glass enamel frit con- 
taining not more than ten percent by 
wciglit source material imported or or- 
dered for importation into the Inited 
States, or initially distributed by manu- 
factures in the I nited States before .luly 
25. 1983; 

Statutory Authority G.S. I04E- 10(b). 

.2403 F.XEMPT CONCENTRATIONS - 

OrilER THAN SOLRCE MATERIAL 



(a) No p>erson shall introduce radioactive ma- 
terial into a product or material knowing or 
having reason to believe that it will be transferred 
to persons exempt under Subnootion Paragraph 
(b) of this Rule or equivalent regulations »f of 
the U.S. Nuclear Regulatory Commission or any 
agreement state, except in accordance with a 
specific license issued pursuant to Rule .2425 of 
this Section. 

(b) Except as provided in Subooction Para- 
graph (a) of this Rule, any person is exempt from 
these Regulations to the extent that such porno no 
person receives, possesses, uses, transfers, owns, 
or acquires products or materials containing ra- 
dioactive material in concentrations not in excess 
of those listed in the foUowing table: 

(EXEMPT CONCEN IRATIONS TABLE is 

unchanged) 

Statutory Authority G.S. I04E-7, -10. -20; 

.2409 GENERAL LICENSES - MEASLRING 
GALGIN(;: CONTROLLING DEVICES 

(c) Any person who acquires, receives, pos- 
sesses, uses or transfers radioactive material in a 
device pursuant to the general hcense issued un- 
der Paragraph m- (a) of this Rule: 

(7) except as provided in (c)(ti) Subparagraph 
(c)(8) of this Rule, shall transfer or dis- 
pose of the device containing radioactive 
material only by transfer to a person 
holding a specific hcense authorizing re- 
ceipt of the device; and, within 30 days 
after transfer of a device to a specific 
licensee, shall furnish to the agency at the 
address in Rule .2212 of this Subchapter, 
identification of the device by manufac- 
turer's name and model number and the 
name and address of the person receiving 
the device, except no report is required if 
the device is transferred to the specifically 
licensed manufacturer or distributor in 
order to obtain a replacement device; 

(8) shall transfer the device to another general 
licensee only where the device: 

(A) remains in use at a particular location, 
(i) In this case the transferer shall give 
the transferee a copy of this Section and 
any safety documents identified in the 
label of the device; 
(ii) The transferor shall, within 30 days 
of the transfer, report to the agency at 
the address in Rule .2212 in this Sub- 
chapter T the manufacturer's name and 
model number of de\ice transferred, the 
name and address of the transferee, and 
the name and position of an individual 



NORTH CAROLI/V.A REGISTER 



749 



PROPOSED RULES 



who may constitute a point of contact 
between the commission and the 
transferee. 
(B) is held in storage in the original ship- 
ping container at its intended location of 
use prior to initial use by a general 
licensee. 

Stalutofj Authority G.S. I04E-7; I04E-I0{b). 

.2423 spf.cil ic licknses-sfai.ed 
soi k( ks in indl stri.m. 
radi()(;rapiiy 

In addition to the requirements set forth in Rule 
.2417 of this Section, a specific license for use of 
sealed sources in industrial radiography will be 
issued if: 

(1) The applicant has an adequate program for 
training radiographers and radiographers' 
assistants and submits to the agency a 
schedule or description of such program 
which specifies the: 

(a) initial training; 

(b) periodic training; 

(c) on-the-job training; 

(d) means to be used by the licensee to deter- 
mine the radiographer's knowledge and 
understanding of and ability to comply 
with agency regulations and licensing re- 
quirements, and the operating and emer- 
gency procedures of the applicant; and 

(e) me;ms to be used by the licensee to deter- 
mine the radiographer's assistant's know- 
ledge and understanding of and ability to 
comply with the operatmg and emergency 
procedures of the applicant; 

(2) The applicant has established and submits 
to the agency satisfactory written operating 
and emergency procedures described in Rule 
.261.1 of this Subchapter; 

(3) 4-ht» applicant hws »» ad e quut t^ intumul ifi- 
'. p e ction Dyr . tom. »f other managomont con 
t«4r Ve- a ^. iainj A*t- Licenf i C prosir i ionf . , 
rL'gulalion ' i, tH+4 the applicant ' > i operating 
ci«4 emergency procedur e f f *Fe followed by 
radiographers ctft4 radiogidpher'f . aooir . tantLi; 
The applicant has established and submits 
to the a'.zcncv a description of its inspection 
pn^tiram which i^ adequate to ensure that 
radiographers and radiographers' assistants 
follow the rules in this Subchapter and the 
applicant's operating and emergency proce- 
dures, and which must include: 

(a) observation of t_hc pcriormance of each 
radiographer and radioirrapher's assistant 
during an actual radiographic operation 
at the intervals not to exceed three 
months; provided that, if a radiographer 



or a radiographer's assistant has not par- 
ticipated in a radiographic operaticm for 
more than three months since the last in- 
spection, that individual s performance 
must be observed and recorded the next 
time the individual participates in a 
radiographic operation; and 
(b) the retention of inspection records on the 
performance of radiographers or 
radiographers' assistants for three years; 

(4) The applicant submits to the agency a de- 
scription of his overall organizational struc- 
ture pertaining to the industrial radiography 
program, including specified delegations of 
authority and responsibility for operation of 
the program; 

(5) The applicant who desires to conduct his 
own leak tests has established adequate pro- 
cedures to be followed in leak testing sealed 
sources for possible leakage and contam- 
ination and submits to the agency a de- 
scription of the procedures, including: 

(a) instrumentation to be used; 

(b) method of performing tests, e.g., points 
on equipment to be ^imearod tested and 
method of taking smear; tests; and 

(c) pertinent experience of the person who 
will perform the test; and 

(6) The licensee shall conduct conducts a pro- 
gram for inspection and maintenance of 
radiographic exposure devices and storage 
containers to assure proper functioning of 
components important to safety. 

Statutory Authority G.S. I04E-7: I04E-I0(b). 

.2438 SPKCIFIC TERMS AND 

CONDITIONS OF LICENSES 

(a) Each license issued pursuant to this part 
shall be subject to all the provisions of the act, 
now or herealter in effect, to all rules and regu- 
lations adopted pursuant to provisions of the act 
and to orders of the agency. 

(b) No license issued or granted pursuant to 
this Section and no right to possess or utilize ra- 
dioactive material granted by any license issued 
pursuant to this Section shall be transferred, as- 
signed, or in any manner disposed of, either vol- 
untarily or involuntarily, directly or indirectly, 
through transfer of control of any license to any 
person unless the agency, after securing fuU in- 
formation, finds that the transfer is in accordance 
with the provisions of the act, and gives its con- 
sent in writing. 

(c) Hach person licensed by the agency pursu- 
ant to this Section shall confine his use and pos- 
session of the radioactive material licensed to the 
locations and purposes authorized in the license. 



750 



NOR TH CAROLINA R EG IS TER 



PROPOSED RULES 



(d) Fach licensee shall notify the agency in 
writin,i< immediately foliowins the filing of a vol- 
untan' or involuntary petition for hankruptcy 
under any Chapter of Title 1 1 (Bankruptcy) of 
the I nitcd States Code by or against: 

( 1) licensee; 

(2) an entity [as that term is defined in 1 1 
use. 101(14)1 controlling the licensee 
or listing the license or licensee as prop- 
erty of the estate: or 

(3) an affiliate [as that term is defined in 1 1 
U.S. C. 101(2)1 of the Ucensee. 

(e) The notification in [d) of this Rule shall 
indicate: 

(1) the bankruptcy court in \\hich the petition 
for bankruptcy was filed; and 

(2) the date of the filing of the petition. 

Statutory Authority G.S. I04E-7; I04E-I0(b). 

.2443 TRANSFER OF M.^TERIAL 

(f) Preparation for shipment and transport of 
radioactive material shall be in accordance with 
the provisions of Rule .2 ' 1 ' 17 .2446 of this Sec- 
tion. 

Statutory Authority G.S. I04E-7: I04E-I0(b). 

.2449 KXFMPTIONS - WASTE MANAGEMENT 
BY GENER.\TORS 

(a) Subject to the limitations in Paragraphs (b) 
and (c) of this Rule, any licensee is exempt from 
the provisions of G.S. 104E-6. 1 and G.S. 
I04E-10.1 with respect to the following waste 
management practices: 

(1) storage of waste incidental to transfer to a 
licensed low-level radioactive waste facility 
authorized to receive such waste; 

(2) storage of waste to allow for total decay 
of contained radioactive material prior to 
disposal as nonradioactive waste; 

(3) storage of waste to allow for partial decay 
of contained radioactive material prior to 
disposal, incineration or other treatment; 
or 

(4) compaction, incineration, treatment, 
packaging or disposal of waste as provided 
in the Rules in Section .2500 of this Sub- 
chapter. 

(b) Except as provided in Paragraph (c) of this 
Rule, the exemptions in Paragraph (a) of this 
Rule shall apply only to a licensee: 

(1) who possesses and uses radioactive mate- 
rial pursuant to specific licenses issued by 
the agency and only to management by 
the licensee of waste generated incidental 
to such possession and use; 



(2) who is determined by the agency to be 
using sound waste management practices; 

(3) who is determined by the agency to be 
managing such low volumes or activity of 
waste that such exemptions will not en- 
danger the public health or safety or the 
environment; and 

(4) whose combined waste management ac- 
tivities do not cause a radiation dose to 
the off-site public in excess of the limits 
stated in Rule .3323 of this Subchapter. 

(c) The exemptions in Paragraph (a) of this 
Rule shall also apply to on-site disposal of waste 
by persons who generate waste pursuant to a li- 
cense issued by the U.S. Nuclear Regulatory 
Commission, provided that: 

(1) such persons satisfy the requirements in 
Subparagraphs (b)(2) and (b)(3) of this 
Rule; 

(2) such persons do not receive waste, gener- 
ated by others, for the purpose of dis- 
posal; 

(3) such persons shall limit off-site dose to the 
public, resulting from all activities au- 
thorized by the agency and the U.S. Nu- 
clear Regulatory Commission, to the 
limits stated in Rule .3323 of this Sub- 
chapter or as prescribed by the U.S. Nu- 
clear Regulatory Commission regulated 
activities, whichever is more restrictive; 
and 

(4) such persons apply for and receive a spe- 
cific radioactive material license, issued by 
the agency pursuant to the Rules in this 
Section, which authorizes such disposal 
pursuant to Rule .2516 of this Subchap- 
ter. 

Statutory Authority G.S. 104E-7(a)( 10). 

.2450 RECORDS AND REPORTS OF 
MISADMINISTRATION 

(a) When a misadministration involves any 
theraphy procedure, the Hcensee shall notify the 
agency by telephone. The licensee shall also 
notify the referring physician of the affected pa- 
tient and the patient or a responsible relative or 
guardian, unless the referring physican agrees to 
inform the patient. However, if the referring 
physician believes, based on medical judgement, 
that telling the patient or the patient's responsible 
relative or guardian, would be harmful to one or 
the other, respectively, such notification is not 
required. These notifications must be made 
within 24 hours after the licensee discovers the 
misadministration. If the referring physician, 
patient, or the patient's responsible relative or 
guardian cannot be reached within 24 hours, the 



NORTH CAROLINA REGISTER 



751 



PROPOSED RULES 



license to notify the patient or the patient's re- 
sponsible relative or shall notify them as soon as 
practicable. The licensee is not required to notify 
the patient or the patient's responsible relati\'e 
or guardian without first consulting the referring 
physician. Ho\ve\er, the licensee shall not delay 
medical care for the patient because of this no- 
tification requirement. 

(b) \\'ithin 15 days after an initial theraphy 
misadniimstration report to the agency, the 
licensee shall report, in writing, to the agency and 
to the referring physician, and furnish a copy of 
the report to the patient or the patient's respon- 
sible relative or guardian if either was previously 
notified b_\ the licensee as required by Paragraph 
(ai of this Rule. The written report must in- 
clude: 

( 1 1 the licensees name: 

(2) refemng physician's name; 

(3) a brief description of the e\ent: 

(4) the effect on the patient: 

(5) the action taken to the prevent recurrence; 
and 

(6) confirmation that the licensee informed 
the patient or the patient's responsible 
relative or guardian, or documentation of 
the reasons why the patient or the pa- 
tient s responsible relati\e or guardian was 
not informed. 

1 he report must not include the patient's name 
or other inl'ormation that could lead to identifi- 
cation of the patient. 

(c) When a misadministration invoh'es a diag- 
nostic procedure, the radiation sai'ct>' officer shall 
promptly investigate its cause, make a record for 
agency review, and retain the record as directed 
in Paragraph (d) of this Rule. The licensee shall 
also notify the referring physician and the agency 
in writing on DFS-5215 within 15 days if the 
misadministration invohed the use of radioacti\'e 
material not intended for medical use, adminis- 
tration of dosage fi\'e times ditTerent than the m- 
tended dosage, or administration of radioacti\'e 
material such that the patient is likely to receive 
an organ dose greater than two rems or a whole 
body dose greater than 500 milLirems. Licensees 
shall shall use dosimetp, tables in package inserts, 
corrected only for amount of radioactivity ad- 
ministered, to determine whether a report is re- 
quired. 

(d) Fach licensee shall retain a record of each 
misadministration for ten years. The record 
must contain: 

( 1 ) the names of all individuals in\ ohed in the 
e\ent (including the physician, allied 
health personnel, the patient, and the pa- 
tient s referring physician); 



(2) the patient's social security number or 
identification number, if one has been as- 
signed; 

(3) a bnef description of the e\'ent; 

(4) the effect on the patient; 

(5) the action taken, if any to prevent recur- 
rence; and 

(e) Aside from the notification requirements, 
nothing in this Rule shall affect the rights or du- 
ties of licensees, and physicians m relation to 
each other, patients, or responsible- relatives or 
guardians. 

Siatutory Authority G.S. I04E-7(a)(2). 

.2451 SPECIFIC LICENSES - MOBILE 
NUCLEAR MEDICINE SERVICES 

(a) Pro\ided that mobile nuclear medicine ser- 
vices shall be limited to clients who do not have 
a specific radioactive material license for the same 
services, unless the client's specific License specif- 
ically authorized the use of such mobile ser\-ices, 
the agency wUl license a mobile nuclear medicine 
service for the following services: 

(1) uptake, dilution and excretion; 

(2) imaging and localization; 

(3) sealed sources for diagnosis; and 

(4) certain in vitro clinical or laboratory test- 
ing. 

(b) The mobile nuclear medicine ser\-ice 
licensee shall: 

(1) obtain a letter signed by the management 
of each client for which ser\'ices are ren- 
dered that authorizes the hcensee to use 
radioactive material at the client's address 
of use: 

(2) retain the letter for two years after the last 
pro\"ision of service; 

(3) not order radioactive material to be deliv- 
ered directly from the manufacturer or 
distributor to the client's address of use; 

(4) transport to each address of use only 
SN'ringes or \'ials containing prepared radio 
- pharmaceuticals or radiopharmaceuticals 
that are intended for reconstitution of 
radiopharmaceuticals kits; 

(5) bring into each address of use of all ra- 
dioactive matenal to be used and before 
leaving, remove all unused radioactive 
material and all associated waste; 

(6) secure or keep under constant surveillance 
and immediate control all radioacti\e ma- 
terial when m transit or at an address of 
use; 

(7) check survey instruments, dose calibrators 
and all other transported equipment tor 
proper function before medical use at each 
address of use; 



_>_' 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



(8) carry a radiation detection survey meter in 
each vehicle that is being used to transport 
radioactive material and, before leaving a 
chent address of use, survey all 
radiopharmaceutical areas of use with a 
radiation detection survey meter to ensure 
that all radiopharmaceuticals and all as- 
sociated waste have been removed; and 

(9) retain a record of each survey required in 
Subparagraph (b)(7) of this Rule for two 
years, where such records shall include: 

(A) the date of the survey, 

(B) a plan of each area that was surveyed, 

(C) the measured dose rate at several points 
in each area of use expressed in millirems 
per hour, 

(D) the instrument used to made the survey; 
and 

(E) the initials of the individual who per- 
formed the survey. 

Statutory Authority G.S. l04E-7(a)(2), -10(b). 

SFXTION .2500 - STANDARDS FOR 
PROTECTION AGAINST RADIATION 

.2501 PURPOSE AND SCOPE 

(a) This Section estabhshes standards for pro- 
tection against ionizing radiation hazards. Ex- 
cept as otherwise specifically provided, this 
Section appUes to all licensees or registrants. 
Nothing in this Section shall be interpreted as 
limiting the intentional exposure of patients to 
radiation for the purpose of medical diagnosis or 
therapy. 

(b) hi addition to complying with the require- 
ments set forth Ln this Section, every reasonable 
effort shall be made to maintain radiation expo- 
sures, and releases of radioactive materials in 
effluents to unrestricted areas, as far below the 
limits specified in this Section as practicable. 
The term "as far below the limits specified in this 
Section as practicable" means as low as reason- 
ably achievable taking into account the state of 
technology, and the economics of improvements 
in relation to benefits to the pubhc health and 
safety and in relation to the utilization of ionizing 
radiation in the public mterest. 

(c) Nothing in this Section shall relieve a 
licensee engaged in operation of a radioactive 
waste disposal facility, as defined in Rule .2204 
of this Subchapter, from responsibility for com- 
plying with the requirements in Section .3300 of 
this Subchapter. 

Statutory Authority G.S. I04E-7. 

.2510 PERSONNEL MONITORING 



(a) Each licensee or registrant shall supply ap- 
propriate personnel monitoring equipment to, 
and shall require the use of such equipment by: 

(1) each individual who enters a restricted area 
under such circumstances that he receives, 
or is likely to receive, a dose in any cal- 
endar quarter in excess of 25 percent of 
the applicable value specified in Rule 
.2502 (4^ of this Section; 

(2) each individual under 18 years of age who 
enters a restricted area under such cir- 
cumstances that he receives, or is likely to 
receive, a dose in any calendar quarter in 
excess of 3^ 5 percent of the applicable 
value specified in Rule .25Q5(a) .2502 of 
this Section; and 

(3) each individual who enters a high radiation 
area. 

(b) Exposure of a personnel monitoring device 
to deceptively indicate a dose deUvered to an in- 
dividual is prohibited. 

(c) With the exception of direct and indirect 
reading pocket ionization chamber and 
dosimeters used to measure the doses to the 
hands, forearms, feet and ankles, all personnel 
dosimeters which are used to comply with Rules 
.2502 or .2505 of this Section or with conditions 
in a Ucense or registration and which require 
processing to determine the radiation doses shall 
be provided and evaluated by a dosimetry 
processor who is;^ 

( 1) registered to pro\idc such services pursu- 
ant to Rule .2305 of this Subchapter, and 



accredited by the National Voluntary 
Laboratory' Accreditation Programs 
(NVLAP) of the National Bureau of 
Standards for the type of radiation or ra^ 
diations included in the NVLAP pro- 



1^ 



grams that most closely approximate the 
type of radiation or radiations for which 
the individual wearing the dosimeter is 
monitored. 

Statutory Authority G.S. I04E-7. 

.2515 PICKING UP: RECEIVING: AND 
OPENING PACKAGES 

(a) Each licensee or registrant who expects to 
receive a package containing quantities of radio- 
active material in excess of the Type A quantities 
specified in (e) ef tkis Rule .2214 of this Sub- 
chapter shall: 

(1) If the package is to be delivered to the 
Ucensee's or registrant's facility by the 
carrier, make arrangements to receive the 
package when it is offered for dehvery by 
the carrier; or 



NORTH CAROLINA REGISTER 



753 



PROPOSED RULES 



(2) If the package is to be picked up by the 
licensee or registrant at the carrier's ter- 
minal, make arrangements to receive no- 
tification from the carrier of the arrival of 
the package, at the time of arrival. 

(b) Each licensee or registrant who picks up a 
package of radioactu'e material from a carrier's 
terminal shall pick up the package expeditiously 
upon receipt of notification from the carrier of its 
arrival. 

(c) Each hcensee or registrant, upon receipt of 
a package of radioactive material, shall monitor 
the external surfaces of the package for radioac- 
tive contamination caused by leakage of the ra- 
dioactive contents, except that the following are 
nc^t required to be monitored: 

( 1 1 packages containing we- moro than t4^ e?i- 
L'mpt quantity ^ . pL ' cifiL ' d h% t+ir' tabli ; m tfei* 
Rule: less than one millicune of beta or 
gama emitting radioacti\e matenal or ten 
microcuncs of alpha emittm'-: radioactne 
material: 

(2) packages containing no more than ten 
milliCurieii millicuries of radioactive ma- 
terial consisting solely of tritium, 
carbon- 14, suLfur-35, or iodine- 125: 

(3) packages containing only radioactive ma- 
terial as gases or in special form; 

(4j packages containing only radioactive ma- 
terial in other than liquid form including 
Mo-')9 Tc 2^2 ni generators, and not ex- 
ceeding the Type A quantity limit speci- 
fied in the htWe ift ^wy Rule .2214 of this 
Subchapter: and 
(5) packages containing only radionuclides 
with halt'-li\'es of less than thirty days and 
a total quantity of no more than 100 
milliCurioo. millicuries. 
The monitoring shall be performed as soon as 
practicable after receipt, but no later than three 
hours after the package is received at the 
licensee's facility if rccei\'ed during the licensee's 
normal working hours, or within 18 hours after 
receipt if recei\'ed after normal working hours. 

T.VBLE OF FXr.MFT AXj^ J^¥Pfe A 
QV\\ riTIES 



Transport 


& 


xcmpt Quantity Limit 


Group 




(-» Millicurioo) 


; 




UJ44. 


H 




W- 


m 




4- 


kV: 




4- 


V 




4- 


\4 




4- 


xu 




2^4100 



Special form 
Typo A Quantity Limit 

I II 1 ^_ Li I IV^ T 

043^- 

m 



htm 

3« 



Tho defmitiono f4 "transport group" rm4 "r i p e 
eial- form" aw cpocified » Rule .220 ' 1(56)(61 ) »f 
tfe* Subchapter. 

(d) If removable radioacti\e contamination, in 
excess of 0.01 micrQCune microcurie or 22,200 
disintegrations per minute per 100 square centi- 
meters of package surface, is found on the ex- 
ternal surfaces of the package, the licensee shall 
immediately notify the tinal deli ' ■ er r ing dcli\ering 
carrier and bv telephone and telegraph, mail gram 
or facsimile, the agency. 

(e) Each licensee or registrant, upon receipt of 
a package containing quantities of radioactise 
matenal in excess of the Type A quantities spec- 
ified in (e^ ©f Ai* Rule .2214. other than those 
transported by exclusi\'e use vehicle, shall moni- 
tor the radiation levels external to the package. 
The package shall be monitored as soon as prac- 
ticable after receipt, but no later than tliree hours 
after the package is received at the licensee's fa- 
cility if received during the licensee's normal 
working hours, or within 18 hours after receipt 
if received after normal working hours. 

(f) If radiation le\els are found on the external 
surface of the package in excess of 200 millirem 
per hour, or at three feet from the external sur- 
face of the package in excess of +0 ten millirem 
per hour, the licensee or registrant shall imme- 
diately notify, by telephone and bv telegraph, 
mailgram or facsimile, the fmal delivering carrier 
and the agency. 

(g) Each licensee or registrant shall establish 
and maintain procedures for safely opening 
packages in which radioactive material is re- 
cei\ed, and shall assure that these procedures are 
followed and that due consideration is gi\en to 
special instructions for the type of package being 
opened. 

Statutofj Authority G.S. I04E-7. 

.2516 W.ASTE DISPOS.AL 

(b) /Vny person may apply to the agency for 
approval of proposed procedures to dispose of 
radioacti\'e material in a manner not otherwise 



'54 



M)RTH CAROLIXA REGISTER 



PROPOSED RULES 



authorized in this Section. Each applicant shall 
include: 

(2) where appropriate, an analysis and evalu- 
ation of pertinent information as to: 
(A) the nature of the environment, includ- 
ing typographical, topographical, 
geological, mL ' torologioai. meteorological, 
and hydrological characteristics: 
(c) The agency will not approve any applica- 
tion for a License to receive radioactive material 
from other persons for disposal on land not 
owned by a the state or the federal government. 



Statutory Authority G.S. 
l04E-l6(d). 



I04E-7(2), (5): 



.2525 CLASSIFIC.VTION/RADIOACTIVE 
WASTK FOR NEAR-SLRFACE 
DISPOSAL 

(a) The following are defmitions of and special 
requirements applicable to the difference classes 
of waste: 

(1) "Class A Waste" means radioactive waste 
that is usually segregated from other waste 
classes at the disposal site. The physical 
fonn and characteristics of Class A waste 
shall meet the minimum requirements set 
forth in Rule .2526(a) of this Section. If 
Class A waste also meets the stability re- 
quirements set forth in Rule .2526(b) of 
this Section, it is not necessary to segre- 
gate the waste for disposal. 

(2) "Class B Waste" means radioactive waste 
that must meet more rigorous require- 
ments on waste form to ensure stability 
after disposal. The physical form and 
characteristics of Class B waste shaU meet 
both the minimum requirements and sta- 
bility requirements set forth in Rule .2526 
of this Section. 

(3) "Class C Waste" means radioactive waste 
that not only must meet more rigorous 
requirements on waste form to ensure 
stability, but also requires additional 
measures at the disposal facility to protect 
against inad\ertcnt human intrusion. The 
physical form and characteristics of Class 
C waste shall meet both the minimum 
requirements and stability requirements 
set forth in Rule .2526 of tliis Section. 

(b) If the waste contains only radionuclides 
listed in the table in Subparagraph (b)(5) of this 
Rule, the licensee shall determine the classifica- 
tion as follows: 

(1) If the concentration does not exceed 0.1 
times the value in the table in Subpara- 
graph (b)(5) of this Rule, the waste is 
Class A waste. 



(2) If the concentration exceeds 0. 1 times the 
value in the table in Subparagraph (b)(5) 
of this Rule, the waste is Class C waste. 

(3) If the concentration exceeds the value in 
the table in Subparagraph (b)(5) of this 
Rule, the waste is not generally acceptable 
for near-surface disposal. 

(4) For wastes containing mixtures of 
radionuclides listed in the table in Sub- 
paragraph (b)(5) of this Rule, the licensee 
shall determine the concentration by the 
"sum of fractions rule" described in (f) of 
this Rule. 

(5) The following is the table of long-lived 
radionuchdes and concentrations for use 
in conjunction with waste classification 
rules of this Section: 



radionuclides 


concentration 


carbon 14 


8 


carbon 14 




in activated metal 


80 


nickel 59 




in activated metal 


220 


niobium 94 




in activated metal 


0.2 


technetium 99 


3 


iodine 129 


0.08 


radium, and alpha 




emitting 




transuramc 




radionuclides 




with half-Lives 


greater 


than five vears 






100 


plutonium 241 


3,500 


curium 242 +0020,000 


concentration 





Curies/cubic meter 
Curies/cubic meter 
Curies/cubic meter 
Curies/cubic meter 
Curies/cubic meter 
Curies/cubic meter 
nanoCurioo'Kram n anocuries /gram 
nanoCurios/fflam nanocuries /gram 
nanoCuricn'tirum nanocuries gram 



Statutory Authority G.S. I04E-7(2). 



.2528 TR.\NSFER OF RADIOACmVE 



NORTH CAROLINA REGISTER 



755 



PROPOSED RULES 



(2) 



WASTK FOR DISPOSAL AND 
MAMI KSIS 

(a) The licensee shall prepare a shipment 
manifest which shall accompany each shipment 
of waste and which shall mclude the following 
information: 

(1) the name, address and telephone number 
of the person generating the waste; 
the name, address and telephone number 
of the person transporting the waste to the 
waste disposal facility; 

(3) a as complete a* practicublo a statement as 

practicable of the following information: 

(A) a ph> sical description e» of the waste, 

(B) the waste volume, 

(C) the radiouclide identity and quantity, 

(D) the total quantity of radioactivity, 

(I:) the total quantity of the radionuclides: 
hydrogen-3, carbon- 14, technetium-99 
and iodine- -t^^ 129 and 

(I") the principal chemical form; 

(4) the solidification agent, if any; 

(5) if the waste contains more than 0.1 percent 
chelating agents by weight, the identity 
and estimated weight percent of the 
chelating agents; and 

(6) a clear statment of the waste class, if de- 
termined to be either Class A, Class B or 
Class C waste pursuant to the provisions 
of Rule .2525 of tliis Section. 

(g) /\nv radioacti\e waste disposal facility op- 
erator shall: 

( 1 ) acknowledge receipt of the waste within 
one vseek of receipt bv returning a si^med 
copv of the manifest or equi\alent doc- 
umentation Xo_ the shipper, where such 
shipper is tfie licensee who last possessed 
the waste and transferred the waste to the 
operator; 

(2) indicate on the returned copv of the man- 
ifest or equi\alent documentation in .Sub- 
paragraph (g)( 1 ) of this Rule anv 
discrepancies between materials hsted on 
the manifest and matenals received; 

(3) maintain copies ol all completed manifests 
or equi\alent documentation until the 
agenc\ authon/es their dispostion; and 

(4) notify the shipper (e.g., the generator, the 
collector, or processor) and the agency 
when anv shipment or part of a shipment 
has not arn\ed within 60 da\ s alter the 
ad\aiice manifest was received. 



shall file a written report with the agency within 
two weeks of the completion of the investigation. 

Siatutorv Authority G.S. l04E-7(2), (3); 
I04E-I2(a). 

SECTION .2600 - SAFETY REQUIREMENTS 

FOR INDUSTRIAL RADIOGRAPH 

OPERATIONS 

.2602 DEFINITIONS 

(1) "Storage area" means anv location, facility 
or vehicle which is used to store, transport or 
secure a radiographic exposure device, a storage 
container or a sealed source when it is not in use 
and which is locked or has a physical barrier to 
present accidental exposure, tampering with or 
unauthonzed removal of the device, container or 



(h) f^ If the shipper does not receive a notifi- 
cation of receipt for any shipment or any part of 
a shipment within 20 days after transfer, the 
shipper shall conduct an investigation, to include 
a trace of the shipment. The shipper and any 
other licensee who conducts a trace investigation 



Statutory! Authority G.S. I04E-7. 

.2610 limhations 

(a) The licensee or registrant shall not permit 
any person to act as a radiographer until the 
person: 

(1) has been instructed in the subjects outlined 
in Rule .2618 of this Section and has 
demonstrated understanding thereof; 

(2) has received copies of and instruction in 
the Rules contained in this Section and in 
the applicable Rules of Section .2400 and 
.3000 of this Subchapter, and the 
licensee's or registrant's operating and 
emergency procedures, and has demon- 
strated understanding thereof 

(3) has demonstrated competence to use the 
radiographic exposure devices, sealed 
sources, related handling tools and sur\'ey 
instruments which will be employed in his 
assignment; and 

(4) has demonstrated understanding of the 
instructions in (a) of this Rule by suc- 
cessful completion of a written test and a 
field examination on the subjects covered. 

(b) The licensee or registrant shall not permit 
any person to act as a radiographer's assistant 
until the person: 

(1) has received copies of and instructions in 
the licensee's or registrant's operating and 
emergency procedures, and has demon- 
strated understanding thereof 

(2) has demonstrated competence to use un- 
der the personal super\'ision of the 
radiographer, the radiographic exposure 
devices, scaled sources, related handling 
tools and radiation survey instruments 
which \yill be employed in his assignment; 
;md 



756 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) has demonstrated understanding of the 
instructions in (b) of this Rule by suc- 
cessfully completing a written or oral test 
and a field examination on the subjects 
covered. 

(c) Records of the training including copies of 
written tests and dates of oral tests and field ex- 
aminations shall be maintained for three years. 

(d) 1-ach licensee or registrant shall conduct an 
internal audit program to ensure that the agency's 
radioactive matenal license, registration condi- 
tions and the hcensee's or registrant's operating 
and emergency procedures are followed by each 
radiographer and radiographer's assistant. 1 hese 
internal audits shall be peribrmcd at least quar- 
terly, and each radiographer shall be audited at 
intervals not to exceed 12 months. Records of 
internal audits shall be maintained for inspection 
by the agency for two years from the date of the 
audit. 

Statutory Authority G.S. I04E-7. 

SECTION .3000 - REQl IRKMENTS FOR 
PAR riCLE ACCELERATORS 

.3001 PURPOSE AND SCOPE 

(a) This Section establishes procedures for the 
licensing and the use of particle accelerators. 

(b) In addition to the requirements of tliis 
Section, all licensees are subject to the require- 
ments of Section Sections .2200, .2500, Mm 
.3100 of this Subchapter and parts of Section 
.2300 of this Subchapter, as deemed appropriate 
by the agency. Licensees engaged in industrial 
radiographic operations are subject to the re- 
quirements of Section .2600 of this Subchapter, 
and Ucensees engaged in the heaUng arts are sub- 
ject to the Rule .2450 and applicable require- 
ments of Section .2700 of this Subchapter. 
Licensees engaged in the production of radioac- 
tive material or possessing radioactive material 
incidental to an accelerator are subject to the re- 
qurrements of Section .2400 of this Subchapter. 

(c) In addition to the requirements of this Sec- 
tion, all particle accelerator licensees are subject 
to the annual fee provisions contained in Section 
.3200 of this Subchapter. 



registrants to individuals engaged in work under 
a license or registration and options available to 
such individuals in connection with agency in- 
spections of licensees or registrants to ascertain 
compliance with the provisions of the act and 
rogulationo, rules, orders and licenses issued 
thereunder regarding radiological working condi- 
tions. The regulations in this Section apply to 
all persons who receive, possess, use, own or 
transfer sources of radiation licensed by or regis- 
tered with the agency pursuant to the regulations 
in Sections .2300, te .2400, .3000 and .3300 of 
this Subchapter. 

Statutory Authority G.S. I04E-7; I04E-I2. 

SECTION .3300 - LAND DISPOSAL OF 
RADIOACTIVE WASTE 

.3302 DEFINITIONS 

(29) "Waste" means low-level radioactive waste 
that is acceptable for disposal in a land dis- 
posal facility. For the purpose of this Sub 
chapter, Section, the words "waste" and 
"low-level radioactive waste" have the same 
mesuiing. 



Statutory Authority 
I04E-I6: I04E-25. 



G.S. I04E-5; 104E-7; 



SECTION .3400 - REQUIREMENTS FOR 

WIRELINE SERVICE OPER.\TORS AND 

SUBSURFACE TRACER STUDIES 

.3401 PURPOSE AND SCOPE 

(a) The rules in this Section establish radiation 
safety requirements for persons using sources of 
radiation for wireline service operations including 
mineral logging, radioactive markers, and sub- 
surface tracer studies. 

(b) The requirements of this Section are in ad- 
dition to, and not in substitution for, the re- 
quirements of Section .2200, .2400, .2500, .3000, 
.3100 and .3200 of this Subchapter. 

(c) The rules in this Section apply to all 
licensees who use sources of radiation for wireline 
service operations including mineral logging, ra- 
dioactive markers, or subsurface tracer studies. 



Statutory Authoritv G.S. 
I04E-I9(a); 



I04E-7; I04E-9(S); Statutory Authority G.S. I04E-7. 



SECTION .3100 - NOTICES: INSTRUCTIONS: 
REPORTS AND INSPECTIONS 

.3101 SCOPE 

This Section estabUshes requirements for no- 
tices, instructions and reports by licensees or 



.3402 DEFINITIONS 

As used in this Section, the following definitions 
apply; 
(1) "Field station" means a facility where ra- 
dioactive sources may be stored or used and 
from which equipment is dispatched to 
temporary jobsites. 



NORTH CAROLINA REGISTER 



757 



PROPOSED RULES 



(2) "Injection tool" means a device used for 
controlled subsurface injection of radioactive 
tracer material. 

(3) "Logging supervisor" means the individual 
who provides personal supervision of the 
utilization of sources of radiation at the weO 
site. 

(4) "Logging tool" means a device used sub- 
surface to perform well-logging. 

(5) "Mineral logging" means any logging per- 
formed for the purpose of mineral explora- 
tion other th;m oil and gas. 

(6) "Personal supcnision" means guidance 
and instruction by the supei%isor who is 
physically present at the jobsite and watch- 
ing the performance of the operation in such 
pro.ximity that contact can be maintained 
and immediate assistance given as required. 

(7) "Radioactive marker" means radioactive 
material placed subsurface or on a structure 
intended for subsurface use for the purpose 
of depth determination or direction orien- 
tation. 

(8) "Source holder" means a housing or as- 
sembly into which a radioactive source is 
placed for the purpose of facilitating the 
handling and use of the source in well- 
logging operations. 

(9) "Subsurface tracer study" means the re- 
lease of a substance tagged with radioactive 
material for the purpose of tracing the 
movement or position of the tagged sub- 
stance in the well-bore or adjacent forma- 
tion. 

(10) "Temporar\- jobsite" means a location to 
which radioactive materials have been dis- 
patched to perform wireline service oper- 
ations or subsurface tracer studies. 

(11) "Well-bore" means a dnlled hole in which 
wireline service operations and subsuriace 
tracer studies are performed. 

(12) "Well-logging" means the lowering and 
raising of measuring devices or tools which 
may contain sources of radiation into well- 
bores or cavities for the purpose of obtaining 
information about the well or adjacent for- 
mations. 

(13) "Wireline" means a cable containing one 
or more electrical conductors which is used 
to lower and raise logging tools in the well- 
bore. 

(14) "Wireline service operations" means any 
evaluation or mechanical ser\ice which is 
performed in the well-bore using de\ices on 
a v\ircline. 

Stdluton' Authorily G.S. I04E-7. 



.3403 WRITTEN AGREEMENTS REQUIRED 

No licensee shall perform wireline service oper- 
ations with a sealed source(s) unless, prior to 
commencement of the operation, the licensee has 
a written agreement with the well operator, well 
owner, driOing contractor, or land owner. The 
written agreement required in this Rule shall 
certify that: 

(1) In the event a sealed source is lodged 
downhole, a reasonable effort to recover the 
source(s) will be made; and 

(2) In the event a decision is made to abandon 
the sealed source downhole, the require- 
ments of Rule .3424(c) and (d) of this Sec- 
tion shall be met. 

Statutory Authority G.S. I04E-7. 

.3404 LIMITS ON LEVELS OF 
RADIATION 

Sources of radiation shall be used, stored, and 
transported in such a manner that the transpor- 
tation requirements of Section .2400 of this Sub- 
chapter and the dose limitation requirements of 
Section .2500 of this Subchapter are met. 

Statutory Authority G.S. I04E-7. 

.3405 STORAGE PRECALTIONS 

(a) Each source of radiation, except acceler- 
ators, shall be provided with a storage and trans- 
port container. I he container shall be pro\ided 
with a lock, or tamper seal for calibration 
sources, to prevent unauthorized removal of or 
exposure to the source of radiation. 

(b) Sources of radiation shall be stored in a 
manner which will minimize the danger from 
explosion or fire. 

Statutory Authorily G.S. I04E-7. 

.3406 TRANSPORT PRECALTIONS 

Transport containers shall be physcially secured 
to the transporting vehicle to prevent accidental 
loss, tampering, or unauthorized removal. 



Statutory Authority G.S. 
10(b), 15(a). 



20-167.1; I04E-7, 



.3407 RADIATION SLRVEY INSTRLMENTS 

(a) The licensee shall maintain sufficient cali- 
brated and operable radiation survey instruments 
at each field station to make physical radiation 
sur%-eys as required by this Section and by Sec- 
tion .2500 of this Subchapter. Instrument shall 
be capable of measuring 0.1 milliroentgen per 
hour through at least 50 milliroentgcns per hour. 

(b) [:ach radiation surve\ instrument shall be 
calibrated: 



758 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) at intervals not to exceed six months and 
after each instrument ser\'icing; 

(2) at energies and radiation levels appropri- 
ate for use; and 

(3) so that accurancy within plus or minus 
20 percent of the true radiation level can 
be demonstrated on each scale. 

(c) Calibration records shall be maintained for 
a period of three years for inspection by the 
agency. 

Statutory Authority G.S. 104E-7, -12(a)(1). 

.3408 I FAK TESTINC. OK SEALED 
SOURCES 

(a) Each licensee using sealed sources of radio- 
active material shall ha\e the sources tested for 
leakage. Records of leak test results shall be kept 
in units of microcuries and maintamed for in- 
spection by the agency for six months after the 
next required leak test is performed or until 
transfer or disposal of the sealed source. 

(b) Tests for leakage shall be performed only 
by persons specifically authorized to perform 
such tests by the agency, the U.S. Nuclear Reg- 
ulatory Commission, an agreement state, or a li- 
censing state. The test sample shall be taken 
from the surface of the source, source holder, or 
from the surface of the de\ice in w hich the source 
is stored or mounted and on which one migl:t 
expect contamination to accumulate. The test 
sample shaU be analyzed for radioactive contam- 
ination, and the analysis shall be capable of de- 
tecting the presence of 0.005 microcurie of 
radioactive matenal on the test sample. 

(c) Each scaled source of radioactive material 
shall be tested at intervals not to exceed six 
months. In the absence of a certificate from a 
transferor indicating that a test has been made 
prior to the transfer, the sealed source shall not 
put into use until tested. If, for any reason, it is 
suspected that a scaled source may be leaking, it 
shall be removed from use until tested. If, for 
any reason, it is suspected that a scaled source 
may be leaking, it shall be removed from service 
immediately and tested for leakage as soon as 
practical. 

(d) If the test reveals the presence of 0.005 
microcurie or more of leakeagc or contamination, 
the hcensee shall immediately withdraw the 
source from use and shall cause it to be decon- 
taminated, repaired, or disposed of in accordance 
with these Rules. A report describing the 
equipment involved, the test results, and the 
corrective action taken shall be filed with the 
agency. 



(e) The following sources are exempt from the 
periodic leak test and notification requirements 
of this Rule: 

(1) hydrogen-3 sources; 

(2) sources of radioactive material with a 
half-Ufe of 30 days or less; 

(3) sealed sources of radioactive material in 
gaseous form; 

(4) sources of beta- and/or gamma-emmitting 
radioactive material with an activity of 100 
microcuries or less; and 

(5) sources of alpha-emitting radioactive ma- 
terial with an activity of 10 microcuries 
or less. 

Statutory Authority G.S. I04E-7, -12(a). 

.3409 QUARTERLY INVENTORY 

Each licensee shall conduct a quarterly physical 
inventory to account for all source of radiation. 
Records of inventories shall be maintained for 
two years from the date of the inventory for in- 
spection by the agency and shall include the 
quantities and kinds of sources of radiation, the 
location where sources of radiation are assigned, 
the date of the Ln\entory, and the name of the 
individual conducting the inventory. 

Statutory Authority G.S. I04E-7. -I2(_a)(l). 

.3410 UTILIZATION RECORDS 

(a) Each licensee shall maintain current utili- 
zation records showing the following information 
for each source of radiation: 

(1) make, model number, and a serial number 
or a description of each source of radi- 
ation used; 

(2) the identity of the well-logging supervisor 
or field unit to whom assigned; 

(3) locations where used and dates of use; and 

(4) in the case of tracer materials and radio- 
active markers, the radionucUde and ac- 
tivity used in a particular well. 

(b) The licensee shall maintain the utilization 
records, required in (a) of this Rule, for in- 
spection by the agency for a period of two years 
from the date of the recorded event(s). 

Statutory Authority G.S. I04E-7. -12(a)(1). 

.341 I DESIGN: PERFORMANCE: AND 
CERIIFICATION CRI lERIA 

(a) Each sealed source, except those containing 
radioactive material in gaseous form, used in 
downhole operations and manufactured after 
October 1, 1989, shall be certified by the man- 
ufacturer, or other testing organisation acceptable 



NORTH CAROLIN.A REGISTER 



759 



PROPOSED RULES 



to the agency, to meet the following minimum 
criteria: 

(1) be of doubly encapsulated construction; 

(2) contain radioactise material whose chem- 
ical aiid physcial forms are as insoluble 
and non-dispersible as practical; and 

(3) indi\idually pressure tested to at least 
24,656 pounds per square inch absolute 
without failure. 

(b) I'or sealed sources, except those containing 
radioactive matenal in gaseous form, acquired 
after October 1, 1989, in the absence of a certif- 
icate from a transferor certifying that an indi\id- 
ual sealed source meets the requirements of this 
Rule, the sealed source shall not be put into use 
until such dctennination and testing have been 
performed. 

(c) I'ach scaled source, except those containing 
radioacti\'c matenal in gaseous form, used in 
downhole operations after October 1, 19S9, shall 
be certified by the manufactuer. or other testing 
organization acceptable to the agency, as meeting 
the sealed source performance requirements for 
oil weU-logging as contained in the /Vmerican 
National Standard N542, "Sealed Radioactive 
Sources, Calssifcation" adopted November 1, 
1977, and effective on October 1, 1989. 

(d) Certification documents shall be maintained 
for inspection by the agency for a period of two 
years after source disposal. If the source is 
abandoned downliole, the certification docu- 
ments shall be maintained until the agency au- 
thorized disposition. 

StatulofT Authority G.S. 104E-7. 

.3412 LABELING 

(a) General requirements are as follows: 

( 1 ) Each source, source holder, or logging tool 
containing radioactive material shall bear 
a durable, legible, and clearly visible 
marking or label, which has, as a mini- 
mum, the standard radiation caution 
symbol, without the con\entional color 
requirement, and the following wording: 

CAUTION 
RADIOACTIVE .VIAIERIAL 

(2) The marking or labeling required in Sub- 
paragraph (a)(1) of this Rule shall be on 
the smallest component transported as a 
separate piece of equipment. 

(3) Each transport contamer shall have per- 
manently attached to it a durable, legible, 
and clearly visible label which has, as a 
minimum, the standard radiation caution 
s\mbol and the followina wording: 

CAUIION 
RADIOACTIVE MATERIAL 



NOTIEY CIVIL AUTHORITIES (OR 
NAME OE COMPANY) 

(b) The word "danger" may be substituted for 
the word "caution" in the signs described in this 
Rule. 

Statutory Authority G.S. I04E-7, -12(a)(1). 

.3413 INSF'ECTION .\ND MAINTENANCE 

(a) Each licensee shall conduct, at intervals not 
to exceed six months, a program of inspection 
and maintenance of source holders, logging tools, 
source handling tools, storage containers, trans- 
port containers, and injection tools to assure 
proper labeling and proper physical condition. 
The licensee shall maintain records of inspection 
and maintenance for a period of two years for 
inspection by the agency. 

(b) If any inspection conducted pursuant to (a) 
of this Rule reveals damage to labeling or com- 
ponents critical to radiation safety, the licensee 
shall remove the de\ice from service until repairs 
ha\e been made. 

(c) The repair, opening, or modification of any 
sealed source shall be performed only by persons 
specifically authorized to do so by the agency, the 
U.S. Nuclear Regulator)' Commission, an agree- 
ment state, or a licensing state. 

Statutory Authority G.S. I04E-7. 

.3414 IRAIMNG KEQLIKEMENTS 

(a) No licensee shall permit any individual to 
act as a logging supervisor until such individual 
has: 

(1) received, in a course recognized by the 
agency, the U.S. Nuclear Regulatory 
Commission, an agreement state, or a li- 
censing state, instruction in the subjects 
outlined in Rule .3425 of this Section and 
demonstrated an understanding thereof; 

(2) read, received instruction in and demon- 
strated an understanding of the rules con- 
tained in this Section and the applicable 
rules in Sections .2200, .2500 and .3100 
of this Subchapter or their equivalent, 
conditions of appropriate license or certif- 
icate of registration, and the licensee's op- 
erating and emergency procedures; and 

(3) demonstrated competence to use sources 
radiation, related handling tools, and ra- 
diation sur\ey instruments which will be 
used on the job. 

(b) No licensee shall permit any individual to 
assist in the handling of sources of radiation until 
such individual has: 

(1) read or received instruction in the 
licensee's operating and emergency proce- 



'60 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



dures and demonstrated an understanding 
thereof; 
(2) demonstrated competence to use, under 
the personal supervision of the logging 
supervisor, the sources of radiation, re- 
lated handling tools, and radiation survey 
instruments which will be used on the job. 

(c) The hcensee shall provide safety reviews for 
logging supervisors and logging assistants at least 
once during each calendar year. 

(d) Ihe Ucensee shall maintain employee 
trainng records for inspection by the agency for 
two years following termination of employment. 

Statutory Authority G.S. I04E-7, -12(a)(1). 

.3415 OPERATING AND EMERGENCY 
PROCEDLRES 

The hcensee s operating and emergency proce- 
dures shall include instructions in at least the 
following: 

(1) handling and use of sources of radiation to 
be employed so that no individual is hkely 
to be exposed to radiation doses in excess 
of the standards estabhshed in Section .2500 
of this Subchapter; 

(2) methods and occasions for conducting ra- 
diation sur\eys; 

(3) methods and occasions for locking and se- 
curing sources of radiation; 

(4) personnel monitoring and the use of per- 
sonnel monitoring equipment: 

(5) transportation to temporary jobsitcs and 
field stations, including the packaging and 
placing of sources of radiation in vehicles, 
placarding of vehicles, and securing sources 
of radiation during transportation; 

(6) minimizing exposure of individuals in the 
event of an accident ; 

(7) procedure for notifying proper personnel 
in the e\cnt of an accident; 

(8) maintenance of records; 

(9) inspection and maintenance of source 
holders, logging tools, source handling tools, 
storage containers, transport containers, and 
injection tools; 

(10) procedure to be followed in the event a 
sealed source is lodged downhole; and 

(1 1) procedures to be used for picking up, re- 
cei\ing, and opening packages containing 
radioacti\e materials. 



individual wears either a film badge or a 
thermoluminescent dosimeter (TLD). 

(b) Bach film badge or TLD required in Para- 
graph (a) of this Rule shall be assigned to and 
worn by only one individual. 

(c) The Ucense shall maintain persoimel moni- 
toring records for inspection until the agency au- 
thorizes disposal. 

Statutory Authority G.S. I04E-7. -12(a)(2). 

.3417 SECURITY 

During each logging or tracer application, the 
logging super\isor or other designated employee 
of the Ucensee shall maintain direct surveillance 
of the operation to protect against unauthorb.ed 
or unnecessary entry into a restricted area, as de- 
fmed in Section .2200 of this Subchapter. 

Statutory Authority G.S. I04E-7. 

.3418 HANDLING TOOLS 

The licensee shall provide and require the use 
of tools that will assure remote handling of sealed 
sources other than low-activity calibration 
sources. 

Statutory .Authority G.S. I04E-7. 

.3419 SLBSLRFACE TRACER STUDIES 

(a) Protective gloves and other appropriate 
protective clothing and equipment shall be used 
by all personnel handling radioactive tracer ma- 
terial. Precautions shall be taken to avoid 
ingestion or inhalation of radioactive material. 

(b) No licensee shall cause the injection of ra- 
dioactive material as part of a substance tracer 
element study without prior written authori- 
zation from any other agency which may regulate 
or require prior approval for such injection. 

Statutory Authority G.S. I04E-7. 

.3420 PARTICLE ACCELERATORS 

No licensee shall permit above-ground testing 
of particle accelerators, designed for used in 
well-logging, which results in the production of 
radiation, except in areas of facilities controOed 
or shielded so that the applicable requirements 
of Rules .2502 and .2506 of this Subchapter are 
met. 



Statutory Authority G.S. I04E-7. 

.3416 PERSONNEL MONITORING 

(a) No hcensee shall permit any individual to 
act as a logging supervisor or to assist in the 
handling of sources of radiation unless each such 



Statutory Authority G.S. I04E-7. 

.3421 RADIATION SLRNEYS 

(a) The Ucensee shall make and record radi- 
ation surveys and calculations for each area 
where radioactive materials are stored. 



NORTH CAROLINA REGISTER 



761 



PROPOSED RULES 



(b) The licensee shall make and record radi- 
ation surveys and calculations for the radiation 
levels in occupied positions and on the exterior 
of each vehicle used to transport radioactive ma- 
terial. Such surveys and calculations shall in- 
clude each source of radiation or combination of 
sources to be transported in the vehicle. 

(c) After removal of the sealed source from the 
logging tool and before departing the jobsitc, the 
licensee shall use the logging tool detector or a 
survey meter to assure that the logging tool is free 
of contamination. 

(d) The licensee shall make and record radi- 
ation surveys at the jobsite or weU-hcad for each 
tracer operation, except those using hydrogen-3, 
carbon- 14, and sulfur-35. These surveys shall 
include measurements of radiation le\els before 
and after the operation. 

(e) Records required pursuant to Paragraphs 
(a) through (d) of tliis Rule shall include the 
dates, the identification of individual(s) making 
the survey, the identification of survey 
instrument(s) used, and an exact description of 
the location of the survey. The licensee shall 
maintain records of these sur\-eys for inspection 
by the agency for two years after completion of 
the survey. 

Statuton Authority G.S. 104E-7, -I2{a){l). 

.3422 DOCIMKN rS AND RFCORDS 

KRQl IRF.D AI FIKLD SI AIIONS 

Each licensee shall maintain at any field station, 
for inspection by the agency, the following doc- 
uments and records for the specific devices, 
sources and personnel used at the field station: 

(1) appropriate license or equi\-alent docu- 
ment; 

(2) operating and emergency procedures; 

(3) applicable regulations; 

(4) records of the latest survey instrument 
calibrations made pursuant to Rule .3407 of 
this Section; 

(5) results of the most recent leak test per- 
formed pursuant to Rule .3408 of this Sec- 
tion; 

(6) quarterly inventories required in Rule 
.3410 of this Section; 

(7) utilization records required in Rule .3410 
of this Section; 

(8) records of inspection and maintenance re- 
quired in Rule .3413 of this Section; 

(9) surve>' records required in Rule .3421 of 
this Section; and 

(10) certificate or authorization documents. 

Statutory Authority G.S. 104E-7. 



.3423 DOCLMENTS AND RFXORDS 
RFQLIRFD AT TEMPORARY 
JOBSFFFS 

Each licensee conducting operations at a tem- 
porary jobsite shall have the following docu- 
ments and records available at that site for 
inspection by the agency: 

(1) operating and emergency procedures; 

(2) sur\'ey records required in Rule .3421 of 
this Section for the period of operation at 
the site; 

(3) evidence of current calibration for the ra- 
diation survey instruments in use at the site; 

(4) when operating in the state under 
reciprocity, a copy of the appropriate h- 
cense, certificate of registration, or equiv- 
alent documents(s); and 

(5) certificate of training and or document 
showing authorized use of material. 

Statutoty Authority G.S. I04E-7. 

..^424 NOTIFICATION OF INCIDENTS: 
AB.VNDONMENT: AND LOST 
SOI RCES 

(a) The licensee shall comply with the apphca- 
ble notification requirements in Section .2500 of 
this Subchapter for incidents and sources lost in 
other than downhole logging operations. 

(b) WTienever a scaled source or device con- 
taining radioactive material is lodged downhole, 
the licensee shall: 

(1) monitor at the surface for the presence of 
radioactive contamination with a radiation 
survey instrument or logging tool during 
logging tool survey instrument or 
(2) notify the agency immediately by tele- 
phone if radioactive contamination is de- 
tected at the surface or if the source 
appears to be damaged. 

(c) WTien it becomes apparent that efforts to 
reco\er the radioactive source will not be suc- 
cessful, the hccnsee shall: 

( 1 ) advise the well-operator of the rules of the 
appropriate state agency with jurisdiction 
over abandonment and appropriate 
method of abandonment, which shaU in- 
clude: 

(A) the immobilization and sealing in place 
of the radioactive source with a concrete 
plug; 

(B) the setting of a whipstock or other de- 
flection device; and 

(C) the mounting of a permanent identifi- 
cation plaque, at the surface of the well, 
containing the appropriate information 
required by (d) of this Rule: 

(2) notify the agency by telephone, giving the 
circumstances of the loss and requesting 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



approval of the proposed abandonment 
procedures; and 
(3) file a written report with the agency within 
30 days of the abandonment, setting forth 
the following information: 

(A) date of occurrence and a brief de- 
scription of attempts to recover the 
source; and 

(B) a description of the radioactive source 
involved, including radionuclide, quantity, 
and chemical and physical form; 

(i) surface location and identification of 
weU, 

(ii) results of efforts to immobilize and 
set the source in place, 

(iii) depth of the radioactive source, 

(iv) depth of the top of the cement plug, 

(v) depth of the well, and 

(vi) information contained on the per- 
manent identification plaque. 

(d) Whenever a sealed source containing ra- 
dioactive material is abandoned downholc, the 
licensee shall pro\idc a permanent plaque for 
posting the well or well-bore. This plaque shall: 

(1) be constructed of long-lasting material, 
such as stainless steel or moncl, and 

(2) contain the following infonnation en- 
graved on its face; 

(A) the word "CAUTION"; 

(B) the radiation symbol without the con- 
ventional color requirement; 

(C) the date of abandonment; 

(D) the n;rme of the well operator or well 
owner; 

(E) the well name and well identification 
number(s) or other designation; 

(F) the sealed source(s) by radionuclide and 
quantity of activity; 

(G) the source depth and the depth to the 
top of the plug; and 

(H) an appropriate warning, depending on 
the specific circumstances of each aban- 
donment, which may include: 
(i) "Do not drill below plug back 

depth", 
(ii) "Do not enlarge casing", or 
(iii) "Do not re-enter the hole" before 

contacting at the address in Rule .2212 

of this Subchapter. 

(e) The licensee shall immediately nofit>- the 
agency by telephone and subsequently by con- 
firming letter if the licensee knows or has reason 
to believe that radioactive material has been lost 
in or to an underground potable water source. 
Such notice shall designate the well location and 
shall describe the magnitude and extent of loss 
of radioactive material, assess the consequences 



of such loss, and explain efforts planned or being 
taken to mitigate the consequences. 

Statutory Authority G.S. I04E-7. 

.3425 SLBJECTS IN TRAINING COURSES 
FOR LOGGING SUPERVISORS 

Training courses for logging supervisors shall 
address at least the following subjects: 

( 1 ) fundamentals of radiation safety: 

(a) characteristics of radiation; 

(b) units of radiation dose and quantity of 
radioactivity; 

(c) significance of radiation dose: 
(i) radiation protection standards 

(ii) biological effects of radiation doses 

(d) levels of radiation from sources of radi- 
ation 

(e) methods of minimizing radiation dose: 
(i) working time 

(ii) working distance 
(ui) shielding 

(2) radiaiton detection instrumentation to be 
used: 

(a) use of radiation survey instruments 

(b) operation 

(c) calibration 

(d) limitations 

(e) survey techniques 

(f) use of personal monitoring equipment 

(3) equipment to be used: 

(a) handling equipment 

(b) sources of radiation 

(c) storage and control of equipment 

(d) operation and control of equipment 

(4) the requirements of pertinent federal and 
state regulations 

(5) the licensee's written operating and emer- 
gency procedures 

(6) the licensee's record keeping procedures. 

Statutoty Authority G.S. J04E-7. 

SECTION .3500 -TANNING FACILITIES 

.3501 F'URI'OSE AND SCOPE 

(a) This Section provides for the registration 
and regulation of facilities and equipment which 
employ ultraviolet and other lamps for the pur- 
pose of tanning the skin of the living human 
body through the application of ultraviolet radi- 
ation. 

(b) Except as otherwise provided in this Sec- 
tion, tanning facilities are exempt from the rules 
in Sections .2200 through .3400 of this Subchap- 
ter to the extent that such facilities do not receive, 
own, possess or use radioactive material or other 



NORTH CAROLINA REGISTER 



763 



PROPOSED RULES 



sources of ionizing radiation as defined in G.S. 
104E-5. 

(c) Nothing in this Section shall be interpreted 
as limiting the intentional exposure of patients to 
ultra%iolet radiation for the purpose of treatment 
or theraphy other than skin tanning, pro\ided 
such treatment or theraphy is super%'ised by a li- 
censed practitioner in the lawful practice of their 
profession to prescribe and super.'ise such treat- 
ment. 



ment. For the purposes of this definition 
tanning equipment registered to different 
persons at the same location and tanning 
equipment registered to the same person, 
but at separate locations, shall constitute 
separate tanning facilities. 
(10) "Ultraviolet radiation" means electro- 
magnetic radiation with wavelengths in air 
between 200 nanometers and 400 
nanometers. 



Slatuton- Authority G.S. l04E-7('^). 

.3502 COMPLIANCK WITH OTHER LAWS 

Nothing in this Section shall relieve any person 
of responsibility for complymg with other perti- 
nent North Carolma laws and regulations. 

Statutory .iuthority G.S. 104E-7(7). 

.3503 DKIIMIIONS 

As used in tins Section, the following definitions 
shall apply; 

(1) " Agency" means the North Carolina De- 
partment of Human Resources. 

(2) "Consumer" means any individual who is 
provided access to a tanning facility' which 
is required to be registered pursuant to pro- 
visions of this Section. 

(3) "Indi\"idual" means any human being. 

(4) "Operator" means any individual desig- 
nated by the registrant to operate or to assist 
and instruct the consumer in the operation 
and use of the tanning facilit>- or tanning 
equipment. 

(5) "Person" means any individual, corpo- 
ration, partnership, firm, association, trust, 
estate, public or private institution, group, 
agency, political subdivision of this state, 
any other state or political subdi\ision or 
agency thereof, and any legal successor, rep- 
resentative, agent or agency of these entities. 

(6) "Registrant" means any person who is 
registered with the agency as required by 
provisions of this Section. 

(7) "Registration" means registration with the 
agency in accordance with pro\ isions of this 
Section. 

(8) "Tanning equipment" means ultra\'iolet 
or other lamps and equipment containing 
such lamps intended to induce skin tanning 
through the irradiation of any part of the 
Living human body with ultraviolet radi- 
ation. 

(9) "Tanning facility" means any location, 
place, area, structure or business which pro- 
\-ides consumers access to taiming equip- 



Statutory Authority G.S. l04E-7(7). 

.3504 EXEMPTIONS 

(a) The agency may, upon application therefor 
or upon its own initiative, grant such exemptions 
or exceptions from the requirements of the rules 
in this Section as it determines are authorized by 
law and will not resuh in undue hazard to public 
health and safety. 

(b) .Any person is exempt from the provisions 
of this Section to the extent that such person: 

(1) uses equipment which emits ultraviolet 
radiation mcidental to its proper opera- 
tion, and 

(2) does not use the equipment in Subpara- 
graph (b)(1) of this Rule to deliberately 
expose parts of the li\ing human body to 
ultraviolet radiation for the purpose of 
skin tanning. 

(c) Any individual is exempt from the pro- 
\isions of this Section to the extent that such in- 
di\idual owns tanning equipment exclusively for 
personal use. 

(d) Tarming equipment while in transit or 
storage incidental thereto is exempt from the 
provisions of this Section. 

Statutoiy Authority G.S. l04E-7(7). 

.3505 APPLICATION FOR REGISTRATION 
OF T.\NNING FACILITIES 

(a) Each person has'ing a tanning facility on the 
effective date of this Rule shall apply for regis- 
tration of such facility no later than 60 days fol- 
lowing the effecti\e date of this Rule. 

(b) Each person acquiring or estabhsliing a 
tarming facility after the effective date of this Rule 
shall apply to the agency for registration of such 
facilit\' prior to beginning operation. 

(c) The application required in (aj and (b) of 
this Rule shall be completed on forms pro\ided 
by the agency and shall contain all the informa- 
tion required by such forms and any accompa- 
nying instructions. 

(d) The agency shall require at least the fol- 
lowing information on the forms provided for 
applying for registration of tanning facilities: 



'64 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) 
(2) 

(3) 

(4) 

(5) 
(6) 

(7) 

(8) 
(9) 



name, physical address, mail address and 
telephone number of the tanning facility; 

namc(s), mail address(es) and telephone 
number(s) of the owner(s) of the tarming 
facility. 

name(s) of the tanning facihty opcrator(s) 
with a certification of each operator's 
training as provided in Rules .3518(g) and 
(h) of this Section; 

the manufacturer(s), model numbcr(s) 
and type(s) of ultraviolet lamp(s) or tan- 
ning equipment located at the tanning fa- 
cility; 

namc(s) of the tanning equipment 
supplier(s), installer(s) and service 
agcnt(s); 

the geographic areas of the state to be 
covered, if the application is for a mobile 
tanning facility; 

copies of any posted warnings or notices 
which are not required by this Section and 
which address the safety and proper use 
of tanning equipment and protective de- 
vices; 

copies of the consent forms and state- 
ments which the consumer, parent or 
guardian will be required to sign pursuant 
to Rules ..L'ilH(c) and (d) of this Section; 

procedures which the operator(s) will be 
required to follow for the correct use of 
tanning equipment to include: in- 
structions to the consumer, use of protec- 
tive eyeware, suitability of prospective 
consumers for tanning ecjuipment use, 
detennination of duration of tanning ex- 
posures, periodic testing of tanning 
equipment and timers, handling of com- 
plaints of injury from consumers, and re- 
cords to be maintained on each consumer; 
and 

certification that the applicant has read 
and understands the requirements of the 
rules in this Section, such certification to 
be signed and dated by the manager and 
the owner of the tanning fiicility. 



Statutory Authority G.S. l04E-7(7). 

.3506 ISSUANCE OF CERTIKICAIE OF 
REGISTRAIION 

(a) Upon determination that an application 
meets the requirements of this Section, the 
agency will issue a certificate of registration. 

(b) The agency may incorporate in the certif- 
icate of registration, at the time of issuance or 
thereafter by appropriate rule or order, such ad- 
ditional requirements and conditions with respect 
to the registrant's receipt, possession, use and 



(10) 



transfer of tanning equipment and tanning facili- 
ties as the agency deems appropriate or neces- 
sary. 

Statutory Authority G.S. l04E-7(7). 

.3507 EXPIRATION OF CERTIFICATE OF 
REGISTRATION 

Except as provided in Rule .3508(b) of this 
Section, each certificate of registration shall ex- 
pire at midniglit on the expiration date stated 
therein. 

Statutory Authority G.S. I04E-7(7). 

.3508 RENEWAL OF CERTIFICATE 
OF REGISTRATION 

(a) The registrant shall file applications for re- 
newal in accordance with Rule .3505 of this Sec- 
tion. 

(b) Provided that a registrant files with the 
agency an application for renewal in proper form 
for renewal not less than 30 days prior to the ex- 
piration date stated on the certificate of registra- 
tion, such certificate of registration shall not 
expire pending fmal action on the application by 
the agency. 

Statutory Authority G.S. l04E-7(7). 

.3509 REPORT OF CHANGES 

The registrant shall notify the agency in writing 
before making any changes which would render 
the information contained in the application for 
registration or the certificate of registration no 
longer accurate. 

Statutory Authority G.S. l04E-7(7). 

.3510 TRANSFER OF CERTIFICATE OF 
REGIS1RATION 

No certificate of registration may be transferred 
from one person to another person or from one 
tanning facility to another tanning facility. 

Statutory Authority G.S. l04E-7(7). ' 

.351 1 APPROVAL NOT IMPLIED 

No person, in any advertisement, shall refer to 
the fact that such person or such person's facihty 
is registered with the agency pursuit to the pro- 
visions of this Section, and no person shall state 
or imply that any activity under such registration 
has been approved by the agency. 

Statutory Authority G.S. l04E-7(7). 

.3512 DENIAL: REVOCATION: 

1 ERMINATION OF REGIS! RATION 



NORTH CAROLINA REGISTER 



765 



PROPOSED RULES 



(a) The agency may deny, suspend or revoke a 
certificate of registration applied for or issued 
pursuant to this Section; 

(Ij for any material false statement in the ap- 
plication for registration or in any state- 
ment of fact required by provisions of this 
Section; 

(2) because of conditions re\'ealed by the ap- 
plication or any report, record, mspection 
or other means which would warrant the 
agency to refuse to grant a certificate of 
registration on an original application; 

(3) for operation of the tanning facility in a 
manner that causes or threatens to cause 
hazard to the public health or safety; 

(4) for failure to allow authorized represen- 
tatives of the agency to enter the tanning 
facility at reasonable times for the purpose 
of detennining compliance with the pro- 
visions of this Section, conditions of the 
certificate of registration or an order of the 
agency: or 

(5) for violation of or failure to ob5en.'e any 
of the terms and conditions of the certif- 
icate of registration, the rules in this Sec- 
tion, or an order of the agency. 

(b) Except in cases of willfulness or those in 
which the public health, interest or safety re- 
quires otherwise, prior to the institution of pro- 
ceedings for suspension or revocation of a 
certificate of registration, the agency shall: 

(1) call to the attention of the registrant, in 
writing, the facts or conduct which may 
warrant such actions, and 

(2) pro\ide reasonable opportuntity for the 
registrant to demonstrate or achie\e com- 
pliance with aU lawful requirements. 

(c) ,-Vny person aggrieved by a decision by the 
agency to deny a certificate of registration or to 
suspend or revoke a certificate of registration af- 
ter issuance may request a hearing under pro- 
visions of Chapter 15()B of the North Carolina 
General Statutes. .Vrticle 3. 

(d) The agency may terminate a certificate of 
registration upon receipt of a written request for 
temiination from the registrant. 

Statutory Authority G.S. 104E-7(7). 

.3513 CONSTRLCTION AND OPERATION 
OF TANNING EQLII'MKNT 

Except as otherwise ordered or approved by the 
agency, each tanning facility shall be constructed, 
operated and maintained in accordance with the 
requirements in Rules .3514 to .3518 of this Sec- 
tion. 

Statutory Authority G.S. 104E-7(7). 



.3514 WARNING SIGNS REQUIRED 

(a) The registrant shall conspicuously post the 
warning sign described in (b) of this Rule within 
one meter of each tanning station and in such a 
maimer that the sign is clearly visible, not ob- 
structed by any barrier, equipment or other ob- 
ject, and can be easily viewed by the consumer 
before encrgi/ing the tanning equipment. 

(b) The warning sign in Paragraph (a) of this 
Rule shall use upper and lower case letters which 
are at least ten millimeters and five millim eters in 
height, respectively, and shall have the following 
wording: 

DANGER - ULTRAVIOEET RADIATION 

-Follow instruction. 

-Avoid overexposure. As with natural sunliglit, 
overexposure can cause eye and skin injury and 
allergic reactions. Repeated exposure may cause 
premature aging of the skin and skin cancer. 
-Wear protective eyewear. 

FAILURE TO USE PROTECTIVE 

EYEWEAR MAY RESULT 

IN SEVERE BURNS OR LONG-TERM 

INJURY TO THE EYES. 

-Medications or cosmetics may increase your 
sensitivity to the ultraviolet radiation. Consult a 
physican before using sunlamp or tanning 
equipment if you are using medication or have a 
history of skin problems or believe yourself to 
be especially sensitive to sunlight. 

-If you do not tan in the sun, you are unlikely to 
tan from the use of this product. 

Statutory Authority G.S. l04E-7(7). 

.3515 EQUIPMENT AND CONSTRLCTION 
REQUIREMENTS 

(a) The registrant shall use only tanning 
equipment manufactured in accordance with the 
specifications set forth in 21 Code of Federal 
Regulations (CFR) Part 1040, Section 1040.20, 
"Sunlamp products and ultraviolet lamps in- 
tended for use in sunlamp products." The exact 
nature of compliance shall be based on the 
standards in effect at the time of manufacture as 
shown on the de\ ice identification label required 
by 21 CFR Part 1010, Section 1010.3. 

(b) Each assembly of tanning equipment shall 
be designed for use by only one consumer at a 
time. 

(cj Each assembly of tanning equipment shall 
be equipped with a timer which complies with 
the requirements of 21 CFR Part 1040, Section 



■766 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



1040.20(c)(2). The maximum timer interval shall 
not exceed the manufacturer's maximum recom- 
mended exposure time. No timer interval shall 
have an error exceeding plus or minus ten percent 
of the maximum timer interval for the product. 

(d) Tanning equipment electrical circuit shall 
be approved by the Underwriter laboratories 
(UL) or l-Iectrical Testing laboratories (ETL). 

(c) Tanning equipment shall include physical 
barriers to protect consumers from injury in- 
duced by touching or breaking the lamps. 

Statutory Authority G.S. l04E-7(7). 

.3516 ADDITIONAL REQLIREMENTS 
FOR STAND-l P BOOTHS 

Tanning booths designed for stand-up use shall 
also comply with the following additional re- 
quirements: 

( 1 ) Booths shall have physical barriers or 
other means, such as handrails or floor 
markings, to indicate the proper exposure 
distance between ultraviolet lamps and the 
consumer's skin. 

(2) Booths shall be constructed with sufficient 
strength and rigidity to withstand the 
stress of use and the impact of a falling 
person. 

(3) Access to booths shall be of rigid con- 
struction with doors wliich are non- 
latching and open outwardly. 

(4) Booths shall be equipped with handrails 
and non-slip floors. 

Statutory Authority G.S. l04E-7(7). 

.3517 PROTECTIVE EYEWARE REQl IRED 

(a) The registrant shall provide protective 
eyeware to each consumer for use during any use 
of tanning equipment. 

(b) The protective eyeware in Paragraph (a) of 
this Rule shall meet the requirements of 21 CFR 
Part 1040, Section 1040.20(c)(5). 

(c) Tanning facility operators shall ensure that 
consumers wear the protective eyeware required 
by this Rule by means of post exposure obser- 
vation. 

(d) The registrant shall ensur that the protective 
eyeware required by this Rule is properly 
sanitized before each use and shall not rely upon 
exposure to the ultraviolet radiation produced by 
the tanning equipment itself to provide such 
sanitizing. 

Statutory Authority G.S. l04E-7(7). 

.3518 RECORDS: REPORTS AND 

OPER.\TING REQUIREMENTS 



(a) Prior to initial exposure, the tanning facility 
operator shall provide each consumer the 
opportuntity to read a copy of the warning spec- 
ified in Rule .3514(b) of this Section and request 
that the consumer sign a statement that the in- 
formation has been read and understood. For 
illiterate or visually impaired persons unable to 
sign their name, the warning statement shall be 
read by the operator, in the presence of a witness, 
and the witness and the operator shall sign the 
statement. 

(b) The registrant shall maintain a record of 
each consumer's total number of tanning visits 
and dates and durations of tanning exposures. 

(c) The registrant shall submit to the agency a 
written report of injury for which medic.il atten- 
tion was sought or obtain from the use of regis- 
tered tanning equipment vvitliin five working days 
after occurrence. The report shall include: 

(1) the name of the affected individual, 

(2) the name and location of the tanning fa- 
cility involved, 

(3) the nature of the actual or alleged injury, 
and 

(4) any other information relevant to the ac- 
tual or alleged injury, to include the date 
and duration of exposure and any doc- 
umentation of medical attention sought 
or obtained. 

(d) The registrant sh;ill not allow individuals 
under the age of 18 to use tanning equipment 
unless the individual provides a consent form and 
a statement, described in Paragraph (a) of this 
Rule, signed by that individual's parent or legal 
guardian. 

(e) The registrant shall replace defective or 
burned out lamps, bulbs or filters with a type 
intended for use in the affected tanning equip- 
ment as specified by the manufacturer's product 
label and having the same spectral distribution 
(certified equivalent lamp). 

(f) The registrant shall replace ultraviolet lamps 
and bulbs, which are not otherwise defective or 
damaged, at such frequency or after such dura- 
tion of use as may be recommended by the 
manufacturer of such lamps and bulbs. 

(g) The registrant shall certify that all tanning 
equipment operators are adetiuately trained in at 
least the following: 

( 1 ) the requirements of this Section, 

(2) procedures for correct operation of the 
tanning facility and tanning equipment, 

(3) recognition of injury or overexposure to 
ultraviolet radiation, 

(4) the tanning equipment manufacturer's 
procedures for operation and maintenance 
of the tanning equipment. 



NORTH CAROLINA REGISTER 



767 



PROPOSED RULES 



(5) the determination of skin type of custom- 
ers and appropriate determination of du- 
ration of exposure to registered taniung 
equipment, and 

(6) emergency procedures to be foUowed in 
case of injury. 

(h) No later than two years after the effective 
date of this Rule, the registrant shall allow oper- 
ation of tanning equipment only by persons who 
have successfully completed formal training 
courses which co\'er the topics in Subparagraphs 
(g)(1) to (6) of this Rule and have been approved 
by the agency. 

(i) The registrant shall maintain a record of 
operator training required in Paragraphs (g) and 
(h) of this Rule for inspection by authorized 
representatives of the agency. 

Statutory Authority G.S. l04E-7(7). 

.3519 COMMIMCATIONS WITH IHE 
.\GKNCY - AGENC 'i ADDRESS 

Applications for registration, reports, notifica- 
tions and other communications required by this 
Section shall be directed to the Radiation Pro- 
tection Section, Division of Facility Services, 701 
Barbour Drive, Raleigh. North Carolina 
27603-2008. 

Statutory Authority G.S. l04E-7(7). 



No 



otice is hereby given in accordance with G.S. 
J SOB- J 2 that the Department of Human Re- 
sources intends to repeal rule(s) cited as 10 
NCAC 3R .2204 - .2208 and adopt rule (s J cited 
as JO NCAC 3R .22/3 - .2216. 



Th 



he proposed effective date of this action is 
March I. I9S9. 



Th 



he public hearing will be conducted at 2:00 
p.m. on December 16, I98S at Hearing Room, 
Council Building, 701 Barbour Drive, Raleigh, X. 
C. 27603. 



Co 



'Omment Procedures: Address comments to: 
Lynda McDaniel, Division of Facility Services, 
701 Bar-hour Drive, Raleigh. N. C. 27603. Com- 
ments will also be received orally at the hearing. 

SLBCIIAI'TER 3R - CFRTIFICVrE OF NEED 
REGLL.VTIONS 



SECTION .2200 - CRITERIA AND STANDARDS 

FOR END STAGE RFAAL DISEASE 

SERVICES 

.2204 CAPACITY IN THE FACII ITY 

AND IN THE HEALTH SERMCE AREA 

(REPEALED) 
.2205 SCOPE OF SERVICES OFFERED 

(REPEALED) 
.2206 PROJECTED UTILIZATION 

(REPEALED) 
.2207 PROJECTED PATIENT ORIGIN 

(REPEALED) 
.2208 SITE: EQUIPMENT AND STAFFING 

(REPEALED) 

Statutory Authority G.S. 131E-177(1). 

.2213 INFORVLVTION REQUIRED OF 
APPLICANTS 

(a) An applicant that proposes to increase 
stations in an existing certified faciUty or relo- 
cated stations must provide the following infor- 
mation: 

(1) Utilization rates; 

(2) Morbidity and mortality rates; 

(3) The number of patients that are home 
trained and the number of patients on 
home dialysis; 

(4) The number of transplants performed or 
referred; 

(5) The number of patients currently on the 
transplant waiting list; 

(6) Hospital admission rates, by admission 
diagnosis, i.e., dialysis related versus non- 
dialysis related; 

(7) The number of patients with converted 
status to infectious disease, i.e., hepatitis 
and AIDS. 

(b) /\n appUcant that proposed to increase the 
number of stations in an existing facihty, or es- 
tablish a new dialysis station, or the relocation 
of existing dialysis stations must provide the in- 
formation requested on the Fnd Stage Renal 
Disease (ESRD) Treatment apphcation form to 
include the following: 

(1) A written agreement with an acute care 
hospital that specifies the relationship 
with the dialysis facihty and describes the 
ser\'ices that the hospital will provide to 
patients of the dialysis facility. The 
agreement must include at least the fol- 
lowing: 

(a) specific services being covered and the 
basic working relationship between the 
two facilities, 

(b) provision for ready acceptance of ESRD 
patients in emergency situations. 

(c) provision for timely acceptance and ad- 
mission of transferred patients when 



^6S 



NORTH CAROHN.i REGISTER 



PROPOSED RULES 



medicaUy determined appropriate by the 
attending or treating physician, 

(d) provisions for interchange of medical 
information necessary for continuity of 
care, 

(e) provision for security and accountability 
of patients' personal effects, and 

(f) signature of the duly authorized 
person(s) representing the facilities and 
the agency providing the service. 

(2) A written agreement with a transplanta- 
tion center describing the relationship 
with the dialysis facility and the specific 
ser\'ices that the transplantation center 
will provide to patients of the dialysis fa- 
cility. The agreements must include at 
least the following: 

(a) timeframe for initial assessment and 
evaluation of patients for transplantation, 

(b) composition of the assessment / evalu- 
ation team, 

(c) method for periodic follow-up, 

(d) criteria by which a patient will be eval- 
uated for transplantation and follow-up, 
and 

(e) signatures of the duly authorized per- 
sons representing the facilities and the 
agency pro\iding the services. 

(3) Documentation of the availability of a sale 
and adequate water supply with an ade- 
quate water purification system. 

(4) Documentation of standing service from 
a power company and back-up capabili- 
ties. 

(5) The location of the site on which the ser- 
vices are to be operated. If such site is 
neither owned by nor under option to the 
proponent, the proponent must provide a 
written commitment to diligently pursue 
acquiring the site if and when the approval 
is granted, must specify a secondary site 
on which the services could be operated 
should acquisition efforts relative to the 
primary site ultimately fail, and must 
demonstrate that the primary and sec- 
ondary sites are available for acquisition. 

(6) Documentation that the services wiU be 
provided in comformity with applicable 
laws and regulations pertaining to staffing, 
fire safety equipment, physical environ- 
ment, and other relevant health and safety 
requirements. 

(7) The projected patient origin for the ser- 
vices by percentage by county of resi- 
dence. All assumptions, including the 
specific methodology by which patient 
origin is projected, must be clearly stated. 



(8) Documentation that at lease 80 percent 
of the anticipated patient population is 
within 30 miles of the facility with the ex- 
ception of remote area facilities as defined 
in the State Medical Facilities Plan. 

Statutory Authority G.S. I3IE-I77(1). 

.2214 REQUIRED PERFORMANCE 
STAND.XRDS 

(a) A proposal involving an increase in the 
number of dialysis stations in an existing renal 
dialysis facility shall not be approved unless the 
average utilization of all existing stations at the 
site at which the proposed stations are to be op- 
erated is at least 9.6 dialysis procedures per sta- 
tion per week for the six months immediately 
preceding the submittal of the application. 

(b) A proposal involving the establishment of 
a new renal dialysis facility or center shall not be 
approved unless the utilization of all machines 
proposed to be operated is reasonably projected 
to be at a continuous rate of at least 9.6 dialysis 
procedures per station per week at the end of the 
first two operating years following completion of 
the proposed project. 

(c) A proposal involving an increase in the 
number of dialysis stations in an existing renal 
dialysis facihty shaU not be approved unless the 
average utilization of all machines proposed to 
be operated is reasonably projected to be at a 
continuous rate of at least 9.6 dialysis procedures 
per station per week at the end of the first oper- 
ating year following completion of the proposed 
project. 

Statutory Authority G.S. I3IE-177(I). 

.2215 SCOPE OF SERVICES 

To be approved, the applicant must demon- 
strate that the following services wUl be available: 

(1) diagnostic and evaluation services; 

(2) maintenance dialysis; 

(3) self-care training; 

(4) accessible home training; 

(5) home training back-up; 

(6) accessible follow-up program for support 
of patients dialyzing at home; 

(7) x-ray services; 

(8) laboratory' services; 

(9) blood bank services; 

(10) emergency care; 

(11) acute dialysis in an acute care setting; 

(12) vascular surgery for dialysis treatment pa- 
tients; 

(13) transplantation services; 

(14) vocational rehabilitation counseling and 
services; and 



NORTH CAROLINA REGISTER 



769 



PROPOSED RULES 



(15) transportation. 
Statulory Authority G.S. I3IE-I77(I). 

.2216 STAFFING AND STAFF 1 RAIMNG 

(a) To be approved, the state agency must de- 
termine that the proponent can meet the follow- 
ing staffing requirements: 

(1) A physician director who is hoard eligible 
or board certified in internal medicine or 
pediatrics by a professional board, and has 
has at least 12 months experience or 
training in the care of patients at ESRD 
facilities, 

(2) A duly licensed registered nurse with at 
least 18 months of experience with patient 
care, 6 months of which must ha\e been 
with patients experiencing renal failure, 

(3) A social worker, and 

(4) A dietician. 

(b) To be approved, the state agency must de- 
termine that the proponent will provide an on- 
going program of tr:uning for nurses and 
technicians m dialysis techniques at the facility. 

Slatutoty Authority G.S. 13IE-I77(I). 



•k'k-k'k'^-k-k-k-k^-k-k^'^-k-k'k-k 



iS otice is hereby g'tven in accordance with G.S. 
I SOB- 1 2 that the Director of the Division of Men- 
tal Health, Mental Retardation and Substance 
Abuse Senices intends to amend rule(s) cited as 
10 NCAC I4C .1146. 

1 he proposed effecth-e date of this action is 
March I. /0S9. 

1 he public hearing will be conducted at / LOO 
a.m. on December 16, I9SS at Archdale Building, 
Room 542- A, 512 North Salisbury Street, Raleigh, 
NC 27611. 



Co 



onuncnl Procedures: Any interested person 
may present his her comments by oral presentation 
or by submitting a written statement. Persons 
wishing to make oral presentations should contact 
Jan Warren, Division of Mental Health, Mental 
Retardation and Substance Abuse Services, 325 
iV. Salisbiuy St., Raleigh, N.C. 27611, (919) 
733-7971 by December 16, 19S8. The hearing 
record will remain open for written comments 
from Sovembcr 15, I9SS through December 16, 
I9S8. Written comments must be sent to the 
above adress and must state the nde tides to 



which the comments are addressed. Fiscal infor- 
mation on this rule is also ax'ailable from the same 
address. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SLBCHAPTER I4C - GENERAL RULES 

SECTION .1 100 - STATE AND FEDERAL 
FUNDS ADMINISTERED 

.1146 RESIDENTIAL FACILITIES FOR 

SEVERELY MENTALLY ILL ADULTS 

(a) Pursuant to G.S. 122C-150, the division 
shall administer a program of grants to area pro- 
grams to be called funds for residential facilities 
for chronically severely mentally ill adults. 

(b) Such grants shall be used to support resi- 
dential facilities for chronicaUy severely mentally 
ill adults. 

(c) Funds for residential facilities for chron 
ically severely mentally ill adults shall be admin- 
istered to area programs as direct grants and do 
not require local matching. 

(d) Programs operated by an area program or 
contract programs of the area program may 
spend funds for residential facilities for chron 
ically severely mentally ill adults for the follow- 
ing: 

( 1 ) staffmg; 

(2) to rent or lease residential facilities; 

(3) fumiture or specialized equipment for res- 
idents; 

(4) transportation of residents; 

(5) other necessary operating expenses as ap- 
proved by the division: and 

(6) repairs and maintenance of facilities which 
represent normal upkeep and do not 
materially increase the value of the facility 
or extend its useful life. 

(e) Funds for residential facilities for chron 
iciiUy se\-ere]y mentally ill adults may be used for 
the purchase, construction and'or alteration, im- 
provement or repair of a residential facility by the 
area program or a non-profit board under con- 
tract with the area program with division ap- 
proval. The program shall meet the 
requirements of the following: 

( 1) In order to participate in a Federal De- 
partment of Housing and Lrban Dc\el- 
opment (HUD) Section 202 project (12 
U.S.C. ^17()lg) for the purchase, con- 
struction or alteration, impro\ement or 
repair of a facility, the program shall meet 
the tollowmg requirements: 
(A) 1 he area program may request funds 
for this project horn the division. The 
division may participate in 1 1 L D Section 



7-^0 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



202 project continticnt upon the avail- 
ahility of state funds. 

(B) The area progam shall siui a legally 
binding contract with a pnvate non-profit 
agency to specify that i| the facility ceases 
to be used in the deliv'erv' of services to the 
clients, the pn\ate non-profit agency shall 
reimburse the djyjsion according to the 
following requirements: 

ill li ll2£ facilit\ IS stild, it should be sold 
at the current fair market yalue as de- 
termined by two independent appraisals 
acceptable to the di\ision, and the divi- 
sion shall be reimbursed a jrro rata 
share of the selling price of the facility 
based on the conlnbution made by the 
division in the purchase, constmction 
or alteration, improvement or repair of 
the facility. 

(ii) If the facility is retained by the private 
non-proht agency, the di\'ision shall be 
reimbursed a pro rata share of the cur- 
rent fair market \alue of the facility as 
determined bv two independent ap- 
praisals acceptable to the dnision based 
on the contnbuticm made by the divi- 
sion m the purchase, construction or 
alteration. impro\ement or repair of the 
facility. 

(C) i he area program shall maintain a re- 
cord which rellects the amount of con- 
tribution made bv the state for purchase, 
construction or alteration, improvement 
or repair to the facilit\ . 

(2) Projects that inxoKe the purchase, con- 
struction, and or alteration. impro\ement 
or repair ot a residential facility with the 
exception of federal 1 lousing and I rban 
IX-velopment (HID) 202 projects shall 
meet the requirements of the following: 
(4-^ (A) The Residential facility Mortgage 
Payment Program. The division may 
participate in the mortgage payment pro- 
gram in part or in total dependent upon 
the availability of state funds. 
(4^ (^ The Residential Facility Purchase / 
Construction Program. 
fA-^ (i) The division may participate in the 
down payment and/or lump sum 
purchase/construction of a residential 
facility in whole or part contingent 
upon the availability of state funds. 
fft^ (ii) The area program or non-profit 
board shall secure two property ap- 
praisals for review and approval by the 
di\ision prior to purchase. 
(C-^ (iii) If a new construction grant is re- 
quested, the area program shall submit 



t¥.^ three construction bid contracts 
from tw«- three building contractors ex- 
cept as provided for by G.S. 143-132 to 
the appropriate regional office for re- 
view and approval prior to construction 
bid letting. 
(4) (C) A request for initial renovation of a 
newly acquired residential facility of five 
thousand dollars ($5000) or less shall be 
submitted to the appropriate regional of- 
fice of the division for approval. Initial 
minor repairs to facihties of less than one 
thousand dollars ($1000) shall be ap- 
proved by the area program. 
(4^ (D) A request for alteration or improve- 
ment of an existing residential facility in 
excess of five thousand dollars ($5000) 
shall be forwarded to the division direc- 
tor's otTice through the appropriate re- 
gional office of the division for approval. 
f^ [H| A request for alteration or improve- 
ment of an existing facility of five thou- 
sand dollars ($5,000) or less shall be 
submitted to the appropriate regional of- 
fice for approval. 
f4> (F} Fach request as outlined in (e) (2) 
(B) and (-^ (D) of this Rule shall be ac- 
companied by a narrative that explains the 
need for the purchase, construction, alter- 
ation, impro\emcnt or repair of the facil- 
ity and a copy of the schematic drawings 
and specifications. If approved by the 
Division of Mental Health, Mental Re- 
tardation and Substance Abuse Services, 
these drawings and specifications shall be 
forwarded to the Division of Facility Ser- 
vices for review and approval. 
f^ (G) If the residential facility is oper- 
ated by a non-profit board, the area 
program shall sign a legally binding 
contract with the private non-profit 
agency for either the mortgage pay- 
ments to be made or the 
purchase/construction program as indi- 
cated in (^ fJ4 (e) (2) (A) and f^ (B) 
of this Rule. A copy of the appropriate 
contract shall be obtained from the 
Fiscal Services Branch of the central 
office of the division. 
^ (H) If a residential facility owned by an 
area program or its private non-profit 
contract agency was purchased, altered, 
improved, or rehabilitated using division 
funds and later ceases to be used in the 
delivery of services to cUents by the area 
program or its private non-profit contract 
agency, the facility shall be sold at the 
current fair market value as determined 



NORTH CAROLINA REGISTER 



771 



PROPOSED RULES 



by two independent appraisals acceptable 
to the division. The division shall be re- 
imbursed a pro rata share of the proceeds 
of the sale based on the percent of con- 
tribution made by the division in the pur- 
chase, alteration, improvement or 
rehabilitation. If an area program or its 
non-profit contract program wishes to re- 
tain a facility that was purchased, altered, 
improved or rehabilitated using funds for 
residential facilities for chronically severely 
mentally ill adults the area program or its 
contract program shall pay to the division 
a pro rata share of the current fair market 
value of the facility as determined by two 
independent appraisals acceptable to the 
di\ision based on contribution made by 
the division in the purchase, alteration, 
improvement or rehabilitation of the fa- 
cility. This provision may be waived by 
the division director upon written request 
of the program. The area program shaU 
maintain records on a continuous basis 
which reflect the amount of contribution 
for purchase, alteration, improvement, or 
rehabilitation by the division, area pro- 
gram and or other funding entity. 
(I) Immediately upon receipt of said funds 
or as soon thereatter as practical, an area 
program or pn\ate non-profit agency re- 
cei\ing state funds pursuant to this Rule 
shall cause to be recorded with the Regis- 
ter of Deeds of the county in which the 
residential facility is located a notice of 
claim in lieu (or continuing lien as appli- 
cable ) on behalf of the state for all funds 
provided by the state through the division. 
(t~) Fund balance. Ihe division may allow area 
programs or contract programs to maintain a 
fund balance of no more than 15 percent of the 
current annual budget in accordance with Rule 
.1 125 of this Section. 

(g) To apply for funds for residential facilities 
for chroniciilly severely mentally iU adults, an 
annual plan and budget for such funds shall be 
included in the appropriate area program's total 
annual plan and budget package when it is sub- 
mitted to the appropriate regional office of the 
division. 

(h) Funds for residential facilities for cliron 
iciilly severely mentally iU adults shall be aOo- 
cated among the regions of the division by the 
division director. 

(i) Based on the appro\ed amiual plan and 
budget request submitted and availability of 
funds, allocation of funds for residential facilities 
for chronically severely mentally lU adults to area 



programs within each region shall be made by the 
division director or his designee. 

Statutory Authority G.S. I22C-1 1 2(a)(6); 
I22C-I4I; I22C-I47; 122C-IS0; 143B-I0. 

TITLE 1 1 DEPARIMENT OF 
INSURANCE 

1\ otice is hereby given in accordance with G.S. 
1 508- 1 2 that the Department of Insurance intends 
to amend rule(s) cited as II NCAC 8 .0901, 
.0902 and .0905. 

1 he proposed effective date of this action is April 
I. 1989. 

1 he public hearing will be conducted at 9:30 
a.m. on January 17, 1989 at Manufactured Hous- 
ing Board, 410 A'. Boy Ian Avenue, Conference 
Room, Raleigh. N.C. 27611. 

(_ omment Procedures: Written comments may 
be sent to Owen Tharrington, cjo Manufactured 
Housing Board, 410 N. Boy Ian Avenue, Raleigh, 
\.C. 276/1. Oral presentations may be made at 
the public hearing. Anyone having questions 
should call Owen Tharrington at (919) 733-3901 
or Linda Stott at (919) 7'33-4700. 

CHAPTER 8 - ENGINEERING AND BLILDING 
CODES 

SECTION .0900 - MANLFACTLRED MOUSING 
BOARD 

.0901 MANLFACTLRED IIOLSING BOARD 

The North Carolina Manufactured Housing 
Board is estabhshed to provide for a compre- 
hensive framework for regulation of all segments 
of the manufactured housing industry. The 
Commissioner of Insurance or his designee shall 
serves as chairman of a nine member board re- 
presenting the industry and the pubhc. 

Statutory Authority G.S. 143-143.8; 143-143.10. 

.0902 ADDRESS 

(*) The mailing address for the North Carolina 
Manufactured Housing Board is: North 

Carolina Manufactured Housing Board, c/o Of- 
fice of Insurance Commissioner, Post Office Box 
26387, Raleigli, North Carolina 27611. 

fl4 T4** Conr . umL ' r Hotlino toll free' tolophoni ^ 
numbL'r fof reporting complainto regarding war 
rantiot^ aft4 subr . tantial dofocto i^ 
1 SOQ 662 7777, Con ' jUincr Insuranc e Inforina 



77") 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



fi^+ft Divii i ion. A liupplomontul tolophona num 

t^Hrr 1 010 733 J0J2. 



Statutory Authority G.S. 
143-143.17. 



143- 143.8; 143-143.10; 



.0905 LICENSING 

(a) Any person employed by a dealer whose 
occupational activity is that of selling on behalf 
of the retail dealership shall be licensed as a 
salesperson. Each salesperson's license shall be 
conspicuously displayed at all times by the deal- 
ership employing the salesperson. 

(b) A manufactured housing salesperson may 
be allowed to engage in business during the time 
period after making application for a bcense but 
before such hccnse is granted. 

(c) The following shall not be required to be 
licensed as a manufactured housing dealer: 

(1) Receivers, trustees, administrators, execu- 
tors, guardians or other persons appointed 
by or acting under the judgment or order 
of any court; 

(2) Public officials while performing their of- 
ficial duties; 

(3) Persons disposing of manufactured homes 
acquired for their own use, provided that 
said home is not used for the purpose of 
avoiding the provisions of G.S. 143-143.9; 

(4) Licensed real estate salesmen or brokers 
who negotiate or sell a manufactured 
home for any individual who is the owner 
of not more than three manufactured 
homes; 

(5) Banks and finance companies who sell re- 
possessed manufactured homes who do 
not maintain a sales lot or building with 
one or more employed retail salespersons. 

(d) Licenses shall be issued by the board 
whenever the application is in compliance with 
the applicable laws and regulations. Such license 
shall entitle the Ucensce to conduct the specified 
business for a period of one year from date of is- 
suance or the first day of July, whichever is ear- 
lier. The board may, if it deems necessary, cause 
an investigation to be made to ascertain if all the 
requirements set forth in the appUcation are true 
and shall not issue a license to the applicant until 
it is satisfied as to the accuracy of the application. 

(e) Manufactured housing manufacturers, 
dealers, and set-up contractors shall conspicu- 
ously display their licenses at all times at their 
place of business. 

(f) WTienever a bond is required by G.S. 
143-143.12, before any license shall be issued by 
the board, the applicant shall deUver to the board 
a corporate surety bond, cash bond or fixed value 
equivalent. The bond shall be to the board and 



in favor of any person who shall suffer any loss 
as a result of any violation of the law or admin- 
istrative rules governing manufactured housing. 
The bond shall be for the hcense period and a 
new bond or proper continuation certificate shall 
be delivered to the board at the beginning of each 
license period. The bond for one type of license 
may not be considered as the bond for another 
type of bcense. 
(g) License fees are as follows: 

(1) twenty five dollars ($25.00) two hundred 

fifty dollars (S250.00) per Certificate of 
Origin plant for manufactured housing 
manufacturers; 

(2) twenty dollars ($20.00) one hundred dollars 

($100.00) per county of operation for 
manufactured housing dealers; 

(3) t^ dollars ($10.00) fiftv dollars ($50.00) per 

county for supplemental m;mufactured 
housing dealer locations; 

(4) five dollars ($5.00) t\\'entv-five dollars 
($25.00) for retail manufactured housing 
salespersons; 

(5) 6w dollars ($5.00) twentv-fi\'e dollars 
($25.00) for manufactured housing repre- 
sentatives; and 

(6) k» dollars ($10.00) one hundred dollars 

($100.00) per business location for set-up 
contractors. 

Statutory Authority G.S. 143-143.10. 



lyotice is hereby given in accordance with G.S. 
I50B-I2 that the Department of Insurance intends 
to adopt mleis) cited as II NCAC 10 .1107. 

1 he proposed effective date of this action is 
March I, I9S9. 

I he public hearing will be conducted at 10:00 
a.m. on December 19, I9SS at Third Floor Hear- 
ing Room, Dobbs Building, 430 N. Salisbury 
Street, Raleigh, N.C. 27611. 



Cc 



. omment Procedures: Written comments may 
be sent to Pete Murdza, Actuarial Senices, P.O. 
Box 26387, Raleigh, N.C. 27611. Oral presen- 
talioru may be made at the public hearing. Any- 
one having questions should call Pete Murdza at 
(919) 733-3284, or Linda Stott at (9J9) 
733-4700. 

CHAPTER 10 - FIRE AND CASUALTY 
DIVISION 



NORTH CAROLINA REGLSTER 



773 



PROPOSED RULES 



SECTION .1 100 - RATE FILINGS 

.1107 OTHER LINES 

I he information required by N.C.G.S. 
58-480(e) shall be presented as follows: 

(1) North Carolina premium, loss and loss ad- 
justment experience: 

(a) For each coverage, premium at present 
rates shall be calculated. Indicate how 
such calculations were produced and sup- 
ply supporting documentation for a sam- 
ple of such calculations and justification 
of any aggregate factors used. 

(b) The latest earned premiums and 
marketshare based on those premiums for 
the company or companies making the 
filing and for the ten largest insurers that 
write that coverage in North Carolina 
shall be provided. 

(c) Information from the Annual Statement 
on losses and premiums shall be included. 
(If the filing is being made for more than 
one company, composite information 
shall be provided.) Provide such infor- 
mation separately for the latest five \n- 
nual Statements for the particular line: 

(i) North Carolina Pasie 14, 
(ii) Part 2, 
(iii) Part 2B, 
(iv) Part 3A. 

(d) The following information on companies 
experience and schedule rating plans for 
the particular line shall be included: 

(i) Ihe experience rating plan off-balance, 
(ii) The schedule rating plan off-balance, 
(iii) The average deviation from bureau 

rates (if applicable), 
(iv) The average dividend granted. 

(e) If the filing involves a rate change for a 
particular classification or territory, rather 
than an overall statewide rate change, the 
same information in (d) shall be provided 
for that class or territory. 

(f) For each coverage and each year used in 
setting the overall rate level, the following 
information on dollars of incurred losses 
shall be provided: 

(i) Paid losses, 

(ii) Case basis reserves, 

(iii) I OSS development, 

(iv) Incurred allocated loss adjustment ex- 
pense, 

(v) Incurred unallocated loss adjustment 
expense, 

(vi) Applied trend factor, 

(vii) Trended total incurred losses and LAE. 



(g) Whenever North Carolina or countrvAvide 
losses are separated into excess (catastro- 
phe) and noncxcess (noncatastrophe) 
losses, a clear description and justification 
of the standard used to separate such 
losses shall be included. In determining 
an excess (catastrophe) loading, include 
as many years of data as possible. If the 
number of years included differs from the 
number available, provided an explana- 
tion. /Vlso provide an explanation if the 
data from which the excess loading is de- 
rived dilTers from that on which the rate 
level change is based. 

(h) Terrritorial and class rate calculations shall 
include vsritten premiums, earned premi- 
ums, paid losses, incurred losses, and the 
number of claims by territory for each of 
the years used to determine territorial rel- 
atives. 

(i) For all incurred loss adjustment expense 
data contained in the fding, the related 
incurred losses shall be shown. 

(2) Credibility factor development and appli- 
cation. All information related to the deri- 
vation of credibility factors contained in the 
filing shall be provided. Include the follow- 
ing information: 

(a) rVll data reviewed and worksheets used; 

(b) A complete description of the methodol- 
ogy used to derive the factors; 

(c) A description of alternative methodologies 
used or considered for use; 

(d) A description of the criteria used to select 
one of the various methodologies for in- 
cluding in a particular fding; 

(e) Special details regarding the application of 
these criteria in the selection of a meth- 
odology for the fding; 

(f) Details on the application of the method- 
ology to this filing. 

(3) I OSS development factor development and 
application: 

(a) /Ml information related to the derivation 
of the loss development factors contained 
in the filing shall be provided. Include the 
following information: 

(i) All data reviewed and worksheets used, 

(ii) A complete description of the method- 
ology used to derive the factors, 

(iii) A description of alternative methodol- 
ogies used or considered for use, 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion in a particular fding, 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodolosY for this filing, 



774 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(vi) Details on the application of the meth- 
odolog)' to this filing. 

(b) If accident year data is used in the rate 
filing, provide for each coverage complete 
(including the upper left portion) total 
limits paid loss development triangles for 
the ten latest available accident years at 
all available development points. /Mso 
provide the corresponding loss develop- 
ment factors and five-year average factors 
derivable from these triangles. 

(c) The same information in (b) of this Rule 
for incurred losses. 

(d) The same information in (b) of this Rule 
for number of paid claims. 

(e) The same information in (b) of this Rule 
for number of outstanding claims. 

(f) A statement regarding any strengthening 
or weakening of company reserves that 
has occurred in the last five years. (If the 
filing is for a group of companies, include 
statements from the largest writers of the 
coverage in North Carolina.) 

(4) Trending factor development and applica- 
tion: 

(a) Available trend data (both countPv^vvide 
and for North Carolina) for the latest 
available five years shall be included in the 
filing for all coverages or sublines. 

(b) All infonnation related to the dcri\ation 
of the trend factors contained in the filing 
should be provided. Include the following 
information; 

(i) AU data reviewed and worksheets used, 

(ii) A complete description of the method- 
olog>' used to derive the factors, 

(iii) A description of alternative methodol- 
ogies used or considered for use, 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion in a particular filing, 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodolog>' for this filing, 

(vi) Details on the application of the meth- 
odology to this filing. 

(c) The derivation of all trend factors included 
in the filing shall be shown, including the 
intermediate steps and the origins of all 
figures used in the calculations. 

(5) Changes in premium base and exposures: 

(a) Data on the mix of policies by different 
policy terms shall be submitted. For the 
latest five years, include both the number 
of policies and the amount of earned pre- 
mium for different policy terms. 

(b) Data on changes in distribution of in- 
sureds by class and territory shall be sub- 



mitted. Submit all information available 
on such groupings for the latest five years, 
(c) Data on changes in any inflation sensitive 
premium bases for the coverage during the 
latest five years. 

(6) Limiting factor development and applica- 
tion. Information on the following items 
shall be provided; 

(a) Limitations on losses Included in the sta- 
tistical data used in the filing; 

(b) Limitations on the extent of the rate level 
change by coverage or subline; 

(c) Limitations on the extent of territorial and 
class rate changes; 

(d) Any other limitations applied. 

(7) Expenses; 

(a) All information related to the derivation 
of the trend factors contained in the fding 
should be provided. Include the following 
information: 

(i) All data reviewed and worksheets used, 

(ii) A complete description of the method- 
ology used to arrive at the selected load- 
ing, 

(iii) A description of alternative methodol- 
ogies used or considered for use, 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion in a particular fding, 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodology for this filing, 

(vi) Details on the application of the meth- 
odology to this filing. 

(b) Lamed premium and unallocated loss ad- 
justment expenses for each of the latest 
five years shaU be included. If available, 
provide such information by coverage or 
subline. 

(c) Number of claims (all limits and all 
deductibles) and allocated loss adjustment 
expenses for each of the last five years 
shall also be included. If available, pro- 
vide such information by coverage or 
subline. 

(d) A statement regarding any company ex- 
pense cutting activities undertaken in the 
last five years shall be provided. (If the 
filing is for a group of companies, include 
statements from the largest writers of the 
coverage in North Carolina.) 

(8) The percent rate change: 

(a) The overall statewide rate change shall be 
shown as well as the amount of the 
change attributable to each of the follow- 
ing: 
(i) experience, 



^ORTH CAROLINA REGISTER 



775 



PROPOSED RULES 



(ii) a change in the annual trend factor from 

the previous filing, 
(iii) a change in expense provisions, 
(iv) law changes, 

(v) a change in the tax pro\ision, and 
(vi) a change in the assessment provision, 
(b) The information described in (a) of this 

Rule shall also he pro\ided by coverage 

or subline. 

(9) I'roposed rates: 

(a) Proposed rates for each territorv', classi- 
fication, and coverage shall be provided. 
(In filings involving a large number of 
possible rates, information on rating fac- 
tors and their application may be substi- 
tuted for the actual rates.) 

(b) ,\n explanation of how territorial average 
rates and classification rates are deter- 
mined shall be included. /Vlso provide a 
sample calculation for each. 

(10) Investment earnings; Information on an- 
ticipated insestment income is necessar>' to 
establish the pro\ision for undcr\vnting 
profit in the rates: 

(a) Information on the amount of in%'estment 
income earned on loss, loss expense, and 
unearned premium reser\'es in relation to 
earned premium for a particular line in 
North Carolina shall be calculated for the 
latest two years and estimated for the 
current year and all years during w hich the 
proposed rates \sill be in effect. Calcu- 
lations shall be provided in detail includ- 
ing the amount of the reser\'es of each 
type at the beginning and end of each of 
the specified \ears. 

(b) Information on the estimated average 
length of time that elapses between the 
occurrence of an insured loss in North 
Carolina and the pasment of a claim shall 
be provided. The a\erage shall be 
weighted a\erage based on size of claim 
payments. Indicate how the length has 
changed o\er the last ten \ears. 

(c) To evaluate recent insurer profitability, 
provide the following information sepa- 
rately from the latest two Annual State- 
ments: (If the filing is for more than one 
company, composite information shall be 
pro\ided.) 

(i) Page 2 (Assets), 

(ii) Page 3 (Liabilities, Surplus 

and Other Funds), 
(iii) Page 4 (L'nderwnting and 

In\estment lixhibit), 
(iv) I'xhibit (.Analysis of 

Assets). 



(11) Identification and Certification of Statis- 
tical Plans: 

(a) /\11 statistical plans used or consulted in 
preparing this filing shall be identilicd. 
Also describe the data compiled by each 
plan. 

(b) A certification that all the data utili?,ed in 
the rate filing was coUected in accordance 
with such plans and is a true and accurate 
representation on the company's experi- 
ence to the best of its knowledge shall also 
be provided. 

(12) In%'estment Earnings on Capital and Sur- 
plus: Given the selected underwriting profit 
and contingencies loading contained in the 
filing, indicate the resulting rate of return on 
equity capital, on total assets, and on assets 
assigned to insurance operations including 
consideration of in\'estment income. Show 
the derivation of all factors used in produc- 
ing the calculations. Provide justification 
that these rates of return are reasonable and 
fair. 

(13) Le\el of Capital Surplus Needed: 

(a) Aggregate premium to surplus ratios for 
the latest five calendar years" shall be 
shown. 

(b) Estimates of comparable ratios for the 
years during which the rates will be in ef- 
fect shall also be pro\ ided. 

(14) Other Info nnation: 

(a) All information on the various preliminary 
and intermediate steps taken in preparing 
the liUng shall be included with it. 

(b) All information related to the deri\ation 
of the profit and contingency loading 
contained in the fding should be provided. 
This inlbrmation should include at a 
minimum the following: 

(i) All data reviewed and worksheets used, 

(ii) A complete description of the method- 
ology used to arrive at the selected load- 
ing, 

(iii) A description of alternative methodol- 
ogies used or considered for use, 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion ia a particular filing, 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodology for this fding, 

(vi) Details on the application of the meth- 
odology' to this filing. 

(15) Additional information: 

The commissioner may require such other 
information as he deems necessar\' to con- 
stitute a proper rate tiling. 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 58-9; 5S-480(e). 



in LE 15 - DEPARTMENT OF NATURAL 

RESOURCES AND COMMLAITY 

DE\ELOPMENT 

1\ oticc is hereby given in accordance with G.S. 
I SOB- 1 2 that the Dhision of Environmental Man- 
agement intends to amend rule(s) cited as 15 
NCAC 2F .0103. 

1 he proposed effecti\-e date of this action is 
March I. I9S9. 

1 he public hearing will be conducted at 2:00 
p.m. on December 20. 1988 at 5/2 ,V. Salisbury 
Street, Archdale Building, Ground Floor Hearing 
Room, Raleigh, AC. 



Cc 



comment Procedures: All interested persons are 
invited to attend. Comments may be submitted 
in writing or may be presented orally at the hear- 
ing. Further details of the proposed amendment 
may be obtained by writing or calling: Mr. Coy 
Batten, P.O. Box 27687, Raleigh. A'C (919) 
733-6900. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2F - CONSTRUCTION GRANTS 

SECTION .0100 - FEDERAL GRANTS PRIORITY 

.0103 BASES FOR PRIORITY 

(a) Wastewater Treatment Plants: 
(-3-^ Exii ' ting Wa ' jtewutL'r I'rL ' iitmL ' nt I'acilitiefi 
DoL . ign Nutrient Requirement for Treat- 
ment 1-acilitics - (Maximum Value -- 10 
Points). The existing wastewater 4i«- 

charge from a oowcrod afea rocoivoo only 
primur> ' ' treat mont e* let* treatment facil- 
ity is required bv permit to add units for 
the removal of nutnents form its effluent 
.... 10. 

Statutory Authority G.S. 143-21 5.3(a)(4); 
/43-2./5(a)(/3). 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Wildlife Resources Commission 
intends to amend rule(s) cited as IS NCAC I OF 
.0303, .03/4 and .032/. 



1 he proposed effective dale of this action is 
March /. /989. 

1 he public hearing will be conducted at /0:00 
a.m. on December IS, /988 at Room 383, 
Archdale Bldg., 5/2 N. Salisbury Street, Raleigh, 
NC. 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from De- 
cember /, /988 to December 29, /98S. Such 
written comments must be delivered or mailed to 
the Wildlife Commission, 5/2 N. Salisbury St., 
Raleigh, A'C 276//. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY COMMISSION 

SLBCHAPTER lOF - MOTORBOATS AND 
WAl ER SAFETY 

SECTION .0300 - LOCAL \\ ATER SAFETY 
REGLLATIONS 

.0303 BEAUFORT COUNTY 

(a) Regulated yVreas. This Rule applies to the 
foOowing waters in Beaufort County: 

(6) that portion of the Pamlico River lying 
east of the I lighwav 17 bndge and west 
of the Norfolk Southern Railroad trestle 
bridge. 

(7) that portion of Tranter's Creek beginning 
at the bridge on State Road 1567 and 
continuing one mile upstream. 

(b) Speed Limit. It is unlawful to operate a 
vessel at greater than no-wake speed in the regu- 
lated areas described in Paragraph (a) of this 
Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Beaufort 
County and the City Council of the Citv of 
Washington is are designated a as suitable agonoy 
agencies for place and maintenance of the mark- 
ers implementing this Rule. 

Statutory Authority G.S. 75A-3; 75A-/5. 

.0314 NEW HANOVER COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters in New Hanover County: 

(7) those waters of the Northeast C^ape I car 
Ruer between the US Www 117 bridiie 



and the 
Bridt;e. 



Seaboard Coastline Railroad 



Statutory Authority G.S. 75.i-3: 7SA-/S. 



NORTH CAROLINA REGISTER 



777 



PROPOSED RULES 



.0321 PRNDER COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters iii Pender County: 

(6) those waters of the Northeast Cape Fear 
Ri\cr between the I .S. I huhway 1 17 
hndize and the Seaboard Coastline Rail- 
road bridtze. 



Stdtutoty Authority G.S. 75A-3; 75A-I5. 



•k'k-k'k'k'k-k'k'k'k'k'k'k-k-k'k'k'k 



No 



otice is hereby gi\'cn in accordance with G.S. 
I SOB- 1 2 that the Wildlife Resources Commission 
intends to adopt and amend rule(s) cited as 15 
\CAC I OF .0327 and .0358. 

1 he proposed effecti\'e date of this action is 
March I. I9S9. 

1 he public hearing will be conducted at 9:00 

a.m. on December 15, I9SS at Room 3S6, 

Archdale Bldg.. 512 N. Salisbury St.. Raleigh, 
North Carolina. 



Co 



ommenl Procedures: Interested persons may 
present their vie\\.'s either orally or in writing at the 
hearing or by writing to the Wildlife Resources 
Commission. 512 N. Salisbury St., Raleigh, NC 
2761 1. The record of hearing is open from De- 
cember I, I9SS to December 30, /9SS. 

.0327 MONTGOMERY COLNTY 

(a) Regulated /\reas. This Rule applies only 
to the portions of Badin Lake, Lake Tiller)' and 
Tuckertown Reservoir which he within the 
boundaries of Montgomery County. 

(4*4 Spood I imit Noar Rampr . . r>r& porr . on - jhull 
operatL ' a vo -.' jt ' l at- grfatcr At» no ' ■ ' ■ ak e opoud 
withui -^ yurdi) ef WHr public boat launching 
ramp ' ■ ' ■ hilc »» th«» waters e4^ ii^ rogulatc ' d arfas 
do ' joribcd ift Paragraph f»4 &i A** Rule * . 

(b) Speed I imit Near Shore Facilities. No 
person shall operate a vessel at greater than no- 
wake speed within 50 yards of any marked boat 
launching area, dock, pier, bndge, manna, boat 
storage structure, or boat service area on the wa- 
ters of the regulated area described in l\iragraph 
(a) of this Rule. 

Statutory Authority G.S. 75A-3; 75A-I5. 

.0358 .lONES COl NTY 

(a) Regulated Area. This Rule applies to those 
waters of the Trent River from a point 25 yards 



west of the US Hwy. 17 bridge downstream to a 
point 50 yards east of the Seaboard Coastline 
Railroad bridge at Pollocks ville, NC. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no -wake 
speed \\ ithin any of the regulated area described 
in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Jones County Board of Commissioners is 
designated a suitable agency for placement and 
maintenance of the markers implementing this 
Rule. 

Statutory Authority G.S. 75A-3; 75A-15. 



■k*-k**-k-k**-k-k->!-k-k-f:-k-k-k 



No 



otice is hereby given in accordance with G.S. 
I50B-I2 that the Natural Resources and Commu- 
nity Developrrtent - Division of Economic Oppor- 
tunity intends to amend rule(s) cited as 15 SCAC 
16C.0104. .0106 and .0/08. 

1 he proposed effective date of this action is 
March I. 1989. 

1 he public hearing will be conducted at 10:00 a. 
m. on December 15, 1988 at Fifth Floor Confer- 
ence Room, Archdale Building, 5/2 A'. Salisbury 
Street, Raleigh, North Carolina. 



Co 



■ omment Procedures: All interested persons 
are invited to attend. Comments may be submit- 
ted in writing or may be presented orally at the 
hearing. Oral presentations which exceed t/iree 
minutes are requested to have a written copy to 
be filed with the hearing clerk. Further details of 
the proposed amendments may be obtained by 
writing or calling: Mr. James L. Forte, Director, 
Division of Economic Opportunity . Post Office 
Box 27687, Raleigh, NC 276/ /,' Phone: (9/9) 
733-2633. 

CHAPTER 16 - DIVISION OF ECONOMIC 
OPPORTLNITY 

SLBCHAPTER I6C - COMMUNITY SERVICE 
BLOCK GRANT PROGRAM 

SECTION .0100 - GENERAL PROMSIONS 

.0104 DEFINITIONS 

For the purpose of this Subchapter, the follow- 
ing definitions apply: 
(1) Act. The Omnibus Budget Reconcihation 
Act of 1981, as amended, under which the 



778 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Community Services Block Grant Program 
was established. 

(2) Community Action Agency (CAA). An 
agency officially designated and funded by 
the Community Services Administration in 
Federal Fiscal Year 1981 for the purpose of 
operating an anti-poverty project and which 
was funded by the division in fiscal year 
1985 to administer a Community Services 
Block Grant anti-poverty project or any 
agency designated as such by the Secr e tary 
Governor or his designee and determined to 
be eligible by the division. 

(3) Community Scr\iccs Block Grant. The 
state administered Community Services 
Block Grant Program (CSBGj. 

f4) Indian Inbal OrgunL'.ation. -fh^ recog 
ni/od govoming body trf afty Indian tribo, 
(*f afty legally OL . tabliohL'd organijiation ef 
Indians which » controlled. C p unctionod, »f 
chartorod hy At* governing body. 

f4) Indian Inbe. rVny tribe, bund, nation, ef 
other organized group Bf community ef Ift- 
diano V i hich i^ recognked h^ Ae State ef 
North Carolina »f the federal government 
a* eligible fof the i . pecial pro gram o aft4 sef- 
viceii pro' i ided by the I nited States te- Indi 
itfi^ because nf their status *t Indians: »fT i* 
k)cated (*ftT H* wi proximity to » federal ef 
blate reservation t-vf rancheria. 

(4) (-6^ Limited Purpose Agency. An agency 
funded by the Community Services Admin- 
istration in Federal Fiscal "^'ear 1981 for the 
purpose of operating projects for a specific 
target population, such as senior citizens, or 
for a specific program area, such as eco- 
nomic development and which was funded 
by the division in fiscal year 1982 to carry- 
out similar specific and hmited projects. 

(5) (4) Local Admmistering Agency. An agency 
funded by the division to carry out programs 
in a single or multi-county area. 

(6) (^ OCS. The Office of Community Ser- 
vices is established in the U.S. Department 
of Health and Human Services and is 
charged with the responsibility of adminis- 
tering the program. 

(7) (% Persons in poverty. For the purpose of 
the allocation of CSBG fund, persons in 
poverty is defined as the number of persons 
who fail below the poverty threshold estab- 
lished by the Bureau of Census, U.S. De- 
partment of Commerce. The number of 
persons in poverty will be based on the most 
recent available census data. For the pur- 
pose of program eligibility, persons in po\- 
erty is defined as the persons who fall below 
the poverty guidelines established by the 



Division of the U.S. Office of Management 
and Budget. 

(8) (4^ Quarter. Each three months during the 
life of a grant agreement with a grant recipi- 
ent. 

(9] f4-H State Plan. The plan which sets forth 
how the State of North Carolina will use the 
funds allocated under GSBG. 

Statutory Authority G.S. 1 43-323 (d); I43B-I0; 
I43B-276; I43B-277. 

.0106 ELIGIBLE GRANT RECIPIENTS 

(e) Fligiblo grant recipients fof CSBG funds 

f-H commumty action ajencios as defined m 

fO^ ef fUile'^WW »f th» Se64+»ftt 
f3} organbationo son'ing seasonal afi4 

migrant farmworkers; 
f^ limited purpose auenoieo as defined ia (^ 

ef ft«l^ mm &f th4* Section; 
(4f Indian tribes a« d e fined i» fi^ ef Rule 

■ 01(11 »f thi* Section: aft4 
(4^ loc<il boards ef county commissioners. 
fbf Te- be eliiablo te- r e c e iv e afty portion »f the 
CSBG few4» a^ set fefttt m f^ &f feOe mm, ef 
th» Section, a new grant r e cipient mui . t ser i e »fte 
ef more counties which hav e a minimum total 
population ef 100, 000 persons according te- the 
most recent available census data. This require 
ment i* applicable t<^ all- »fte hundred counti e s tft 
the stat e if* the formation ef a Hew grant recipi 
efttr Fxisting agencies a* defmed ift f3^ ef Rule 
.OlQ ' l »f this Section afe exempt from the total 
population requirements. 

Fligiblc grant recipients for CSBG funds in- 
clude: 
( 1) communitv action agencies as defined in (2) 
of Rule .0104 of this Section; in anv ge- 
ographic area of a state not presently served 
by an eliable entity, the GoN'cmor may de- 
cide to serve such a new area bv: 
(a) requesting an existing ehgible entity which 
is located and pro\'idcs services in an area 
contiguous to the new area to sen'e the 
new area; 



(b) if not existing eligible entity is located and 
provides services in an area contiguous to 
the new area, requesting the eligible entity 
located closet to the area to be served or 
an existing eligible entity serving an area 
within reasonable proximity of the new 
area to pro\ide services in the new area; 
or 

(c) where no existing eligible entity requested 
to sen.'e the new area decides to do so. 
designating any existing eligible entit\', anv 
organization which has a board meeting 



NORTH CAROLINA REGISTER 



779 



PROPOSED RULES 



the requirements of Section 675(c)(3) or 
an\ political subdnision of the state to 
serAe the new area. Ihc Cjovemor's dcs- 
iaKition of an oreani/ation which has a 
board mectint; the requirements of Section 
675(c)(3) or a political subdi\'ision of the 
state to ser\e the new area shaU qualify 
such oraani/ation as a cligble entity. 
(2) on:ani/,ations ser\ intz seasonal or misjant 
tarmworkers: and 



(3) limited purposes aizcncies as defined in (6| 
of Rule JI1II4 o[ this Section. 

Staimon' Authoritv G.S. 143-276; I43-323(dj; 
/43B-/6,bj: 42 i'.S.C. 9901-12. 

.0108 AI.LOC.MION OF CSBG FLNDS 

fa^ A Ljunt H% I' e dL ' rul Fi '. cal ^'our IQS 1 a«4 h* 
e ach ;i ubi ' L ' quijnt tl ' dLTol fi ^. cal ver* vrtH- fen? mado 
tfv th«* N ( " Commi ' j ' . ' ion »+» Indian iMTuiro e+ri- 
€>i tfe^ C.'DIKJ fundo ullocate'd to North Carolina. 
^ft# amount ef Ae grant "ivty fe>e baoed »» t^ 
ratio ef Nativ e Am e ricano i» po' . erty oop i od hy- 
t+t^ grant to t4^ ('ommi 'i'. ion comparL ' d A^ total 
numbe ' r »f pL'r '' Onr ' m- pov e rty h* t-t+e Stato. 

(44 44+e rt ' maming balance ef fundi , allocat e d 
to North Carolina under tfee CSIJG Program wttt 
t>t» ui ' L ' d m- bedi- ' rul [ ivcal ^' e ar I' ^ S 1 a«4 ift e ach 
Liub ' - ' Oquent fc ' deral fi 'i cal year *i iollov i ;. : 

f++ NiiK ' ty percent e+ tW fundi , to mak e 
grant ' J to tho ' . ^ e community action Ligen 
^ defined m J4-Hie. .1)10 1 t4~ t4«* S^e- 



t+B+i- wh4 ' . vhich we re certified a* eligible 
agencieo each fu . cul y e ar k>y tkee di'rioion. 
1 he amount h+ fundi i allocated to each 
eligible community action agency ■■ hiiU h^ 
bai . ed tvft ti^ follov i ing method ©f dii ^ trib 
ution: 

(A| f'unds shall t>e allocat e d baood e» tbe 
ratio (perc e ntage) ef persono » poverty » 
tfe^ county (counti e i i ) i . ened by- t4te e ligi 
bk» ag e ncy compared to (4^i? number ©f 
persons h* po' . erty i» At* total ttfett 
(counties) ser^-ed W ali eligible agencies. 

f4^ llo' . vever. He- e ligibl e agency shall b?- 
cei' . e l^t-^ than: 
{^ Aft allocation e+ t*fte hundr e d t' . ' i 'enty 

thousand dollars ( J . 120,1 )( II J). ef 

f»4 Fighty percent &f tfee eligible agency's 

Federal Fiscal '^"ear 10^ . 2 allocation. 

' i vhiche' . er ¥y luglier. 

(4+ +4^.^ percent i-4' At* funds to make grants 

ift Federal I'i ; <al ^"ear I' .i Sl »«4 ift e«A 

subsequent federal fiscal y^af to those 

limit e d pufjiose agencies a^ defined » 

Rule .Oli i I t4 A*^ Section ttft4 ' . vhich afe 

re certified a^ eligible ag e ncies each fiscal 

Vi*af bv y+e div ision. ?4h» division shall 



aitet to eaefe eligible limited purpooo 

ag e ncy as amount »f funds which wiU b© 

based »» A« p e rcentage ©f the total 

CSBG funds Ae eligible auency received 

fef Federal fe.ea; ¥^ 44^^ 

(4) ¥h<* remaining balance ©f <w© percent ©f 

Ae funds wiii be e*e4 by tb« division fof 

administration ©f Ae CSBG Program. 

ftH AH- eligible agencieo may be allowed to eafpf 

forward unearned funds at- tbis> eft4 ©f a grant 

agreement to tbe succeeding grant agreement . 

44** amount ©f un e arned funds tbat mtiy be etti^ 

f=*e4 forward to tbe succeeding grant aLjeement 

k a maximum ©f 44 p e rcent ©f tbe funds aH©- 

cated to agency under tbe prior grant year. 44ie 

division's approval vrtJi be based upon a review 

»f tbe following: 

(44 44** annual audit as required » Rules 

,0^44 aft4 Mi^ ©f Subchapter 4t>4;7 
f3^ A fiftrd Financial Status Report, a^ Fe- 
quired » ft«ie . 120j(h) ©f Subchapter 
4^^ 

Fate agreement(s) tbat cover tb* grant Fe- 
cipient's CSBG program year: aft4 
(4^ 44*e proposed t»e ©f tb<* cam . over funds 
a^ shown » tbe Community .\nti Po' . erty 
Pkftr a^ requirLHi » Rules 443ft4 - rUaoa 
©f Subchapter 16C. 

44+e division vrtii notify » writing tbt^ 
grantee as to whether ©f Ftot t4He grant e e 
w4ll- be allowed to carry for . vard unearned 
funds to tbe succeeding grant agreement. 
(4^ A^ unearned funds w hich tbe division does 
Ftot allow ebgible agencies to carry - forward to 
succeeding grant agroement(s) w4ii be added to 
tbe stat e 's allocation m- tbe subsequent Federal 
Fiscal ¥eafT afi4 allocated, a* provided «- Para 
graphs (*H afi4 fbf ©f tb« Rul e . 

fe^ Supplemental CSBG Grants. 444e preced 
iftf Paragraphs ©f tbk Pv.ul e do ft©t apply to tbe 
allocation ©f supplemental CSBG grants to 
> . orth Carolina. Such allocations to eligible ap- 
plicants fo* eligible activities w411 be made bv- tbe 
division i» a m^mner F>©t inconsistent with f e deral 
guidelines a»4 conditions ©» supplemental ap- 
propriations. 44*e division bas tbe lle.\ibility to 
detemiine tbe number ©f grants awarded aR4 tbe 
manner ift which grantee(o) afe selected based 
upon tbe amount ©f tbe allocation aft4 tbe intent 
©f tbe applicable legislation aft4 regulations. 

(a) Funds allocated to North Carolina under 
the CSBG Program will be used in Federal Fiscal 
^"car F^SQ and in each subsequent federal fiscal 
year as follows: 

( 1 ) Ninety percent of the funds to make grants 
t_o those eligible grant recipients as defined 
in Rule .0106 (a) of this Section which are 



\S0 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



re-ccrtified as eligible agencies each fiscal 
year by the division. The amount of the 
tunds allocated to each eligible grant re- 
cipient shall be based on the following 
method of distribution: 

(A) I'unds shall be allocated based on the 
ratio (percentage) of persons in poverty in 
the county (counties) ser\'ed by the eligi- 
ble agency compared to the number of 
persons in poverty in the total area 
(counties) served by all eligible agencies. 

(B) However, no eligible agency shall re- 
ceive less than: 

(i) An allocation of one hundred twenty 
thousand dollars ($120,000), or 

(ii) Eighty percent of the eligible agency's 
Federal Fiscal Year 1982 allocation, 



whichever is higher. 



tai 



(ii 



Five percent of the funds will be used by 
the division for administration of the 
CBSG program. 

The remaining five percent of the funds to 
make grants in Federal Fiscal Year 1989 
and in each subsequent federal fiscal year 
to those limited purpose agencies as de- 
fined in Rule .0104 of this Section and 
which are re-certified as eligible agencies 
each fiscal year by the division. The di- 
vision shall allot to each cliinble Limited 



Purpose Agency 
based on 



an amount of funds 
total 



the percentage of the 

CSBG funds the eligible agency received 
of those funds reserved for the Limited 
purpose agencies and the North CaroUna 
Commission of Indian Affairs in federal 
fiscal vear 1986. 



(b) Beginning with federal fiscal year 1988 and 
effective for all subsequent fiscal years, eligible 
agencies will not be allowed to carry forward 
unearned funds at the end of a grant agreement 
to the succeeding grant agreement. All unobli- 
gated funds must be returned to the division 
within 60 days after the termination of the grant 
agreement. 

(c) Supplemental CSBG Grants. The preced- 
ing paragraphs of this Rule do not apply to the 
allocation of supplemental CSBG grants to 
North Carolina. Such allocations to eligible ap- 
plicants for eligible activities wiU he made by the 
division in a manner not inconsistent with federal 
guidelines and conditions on supplemental ap- 
propriations. Ihe division has the tlexihilitv to 
determine the number of grants awarded and the 
manner in v\hich grantee(s) are selected based 
upon the amount of the allocation and the intent 
of the applicable le.gislation and regulations. 



Statutory Authority G.S. l43-323(d): I43B-I0; 
I43B-227; I43D-276; 42 U.S.C. 9901-12. 

TITLE 25 - OFFICE OF STATE 
PERSONNEL 

J\ otice is hereby given in accordance with G.S. 
150B-I2 that the Office of State Personnel intends 
to adopt rule(s) cited as 25 NCAC ID .2101 - 
.2104; amend rule(s) cited as 25 NCAC ID 
.0/05. .0202, .0205, .02/0, .030/, .0302, ./003, 
./005, ./202, ./203, ./204; 25 NCAC /E .0203, 
.02/0, .0301; 25 NCAC /J .0406, .0407. .0408; 
25 NCAC /L .0002. .0003, .0004; and repeal 
rule(s) cited as 25 NCAC /D .0206. 

1 he proposed effective date of this action is 
March /. /989. 

1 he public hearing will be conducted at 9:00 
a.m. on December /5. /988 at Personnel Devel- 
opment Training Center. /O/ W. Peace Street, 
Raleigh. North Carolina 276//. 

K^omment Procedures: Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard. Office of State 
Personnel, 1/6 \V. Jones Street, Raleigh, North 
Carolina 276//. 

CHAPTER I - OFFICE OF STATE PERSONNEL 

SUBCHAPTER ID - COMPENSATION 

SECTION .0100 - ADMINISTRATION OF THE 
PAY PLAN 

.0105 PAY STATUS 

An employee is in pay status when working, 
when on paid leave, when exhausting vacation 
or sick leave, or when on workers' compensation 
leave. (Note: Lump sum payment of vacation 
leave upon separation is not paid leave status). 
An employee is not in pay status after the last 
day of work when separated because of resigna- 
tion, dismissal, death, service retirement, and 
reduction-in-force. 

Statutory Authority G.S. 126-4. 

SECTION .0200 - NEW APPOINTMENTS 

.0202 HIRING RATE 

(a) The hiring rate of pay for a class, or trainee 
rate where applicable, shall normally be paid a 
qualified new employee. 



NORTH CAROUNA REGISTER 



781 



PROPOSED RULES 



(b) It is intended that agencies make as few 
appointments above the hiring rate as possible. 
Rates above this may be requested when: 

(1) A tight labor market exists and recruit- 
ment efforts have not produced qualilied 
applicants; or 

(2) The applicant possesses exceptional qual- 
ifications above the minimum require- 
ments of the class specification, and 
operational needs exist which justify filling 
the position at the salary above the mini- 
mum of the range. The additional expe- 
rience and training must be in the same 
or closely related area to that stated as 
acceptable in the class specification. 

Appointments above the hiring rate are to be 
avoided if salary inequities would be created. 
This should be considered very carefully in order 
to avoid present or future inequities. Forms 
PI)- 105 requesting appointments at rates above 
the hinng rate must include a statement of rea- 
sons and justification for such rates. If condi- 
tions justilv appointment above the hinng rate, 
the agency may elect to use the hiring rate for 
initial appointment with the option to increase 
the salary to a rate above step one upon suc- 
cessful completion of the probationary penod. 

(c) When an employee is given permanent sta- 
tus after successful completion of either the 
probationary period or the trainee period, the 
employee's salary shall be increased to step one 
of the range (unless appointment was made at 
or above this level). The effective date for change 
to permanent status must be the first day of a 
month, »f 6ft4 4rt¥ ef a pay period, tf dilTcrfnt. 
If the employee is in pay status for at least hall 
of the workdays and holidays in the pay period 
afe ' I ' . orkod, credit wiU be given for the full pay 
period. 

Slatutory Authority G.S. 126-4. 

.0205 DATE TO BEGIN WORK 

A new employee may begin work on any 
scheduled workday in tfee month, a pay period. 
When the first day of a month pay period falls 
on a non-workday and the employee begins work 
on the first workday of a month, pay period the 
date to begin work will be shown as the first of 
the month, pay period. Ift aom e typoo ©f e*«- 
ploymont, A* workdays diff w r from tb^ normal 
.Monday througli Friday workweek. t» thLT .e 

h** uotudlly be gin Li ' ■ ' ■ ork. 

Statutory Authority G.S. 126-4. 

.0206 PERFORMANCE INCRE.VSE 



ANNIVERSITY DATE (REPEALED) 

Slatutory Authority G.S. 126-4. 

.0210 TRAINEE SALARY ADJUSTMENTS 

fa) During a trainee appointment, an evaluation 
of the individual's performance and progress on 
the job is to be made at frequent intervals. As a 
general guide, salary increases are provided at 
specified intervals. These increases are not au- 
tomatic and are not necessarily limited to the full 
elapse of specified intervals. Salary adjustments 
may be either advanced or delayed depending 
upon the progress of the employee. In cases 
where salary adjustments have been advanced, 
normally the trainee's salary wiU not be adjusted 
to step one of the range for the regular classifica- 
tion until the employee meets all education and 
experience requirements for the appointment; the 
salary can be moved to the regular class rate only 
when job performance demonstrates achievement 
of duties, knowledges, and skills at the level of 
the class as verified by individual job audit. Ad- 
justments are to be given upon recommendation 
by the appointing authority and the supervisor 
that the employee has earned an increase. 

fb) Porformunco inoreaoo anni' < ' e rr . ar> ' dates are 

i^ training period aft4 i* placed h+ A« r e gular 
classification. 

Statutory Authority G.S. 126-4. 

SECTION .0300 - PROMOTION 

.0.^01 DEFINITION AND POLICY 

Promotion is a change in status upward, docu- 
mented according to customary professional 
procedure and approved by the State Personnel 
Director, resulting from assignment to a position 
of liigher level. When it is practical and feasible, 
a vacancy should be filled from among the ehgi- 
ble permanent employees; a vacanc\' must be 
fdled by an applying employee if required by 25 
NCAC, Subchapter HI, Recruitment and Se- 

Rule 



lection^ Section 



.0600^^ General Provisions, 



0625, Promotion Priority Consideration for 



Current F'mplovees. Selection should be based 
upon demonstrated capacity, quality and l e ngth 
t>f s e P i ic e . 

Statutory Authority G.S. 126-4; 126-7. 1. 

.0302 SALARY RATE 

The purpose of a promotional pay increase is 
to reward the employee for the assumption of 
duties more responsible and more difficult than 
those in the current position. T4*e primar)' factor 
determining Ae amount ef increase is the relativ e 



782 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



diflbronce wt difTiculty eiS¥^ rosponsibility botwoon 
fiw prt'wnt cift4 ftew positions. Sinew promo 
tional incroar i eu ror i ult i» pormanont chang e te 
bai l ie salapy. a promotional iner e afi e »f mor e than 
Hve ctopr i eannot be jur . tifit ' d as a» offset te torn 
porary costs »f promotion, such as rulocation 
oxponsos. Subject to the availability of funds, the 
following will apply: 
(1) Permanent Promotion: 
(a) The saJar>' shall be increased to step one 
or by one step whichever is larger, but not 
to exceed the maximum of the new, 
higher range, shall set be oxcoodod. Ex- 
ceptions: 
(i) W'Tien internal salars' equity consider- 
ations in the receiving work unit or agency 
arc necessary, or a specific salary rate is 
published in ad\ance of a promotional 
offer; 
(ii) Wlien an employee i_s demoted with no 
change in salar\' and subsequently pro- 
moted back to the same le\el within one 
year, the salary shall remam unchanged 
and treated as if the demotion had not 
occurred; 
(iii) If the employee's salary is above the 
maximum as a result of reallocation 
down, no increase can be given but the 
salar\' may remam above the maximum. 



(b) (H If a probationary employee is promoted 

and the salary is at the lurmg rate, the 
salary must be increased to the hiring rate 
of the grade to which promoted until the 
employee is eligible for permanent ap- 
pointment. 

(c) («| If the employee is to receive a perform- 

ance salary increase on the same date as 
the promotion, the increase may be given 
before the promotional increase. 

^ U- ^ ^ I ' f 1 I IV -TtllU.! T 1 1 lU T ^^v II 11- I V-T-l J\- u. yj T Ui 1\- tXI iU 

one half stops ©f twe- steps. The salary 
may be increase by more than one step, 
not to exceed the number of salar\' grades 
provided by the promotion. The nature 
and magnitude of the change in jobs, the 
need to maintain equity of salaries within 
the work unit, and other management 
needs must be gi\en consideration when 
making such requests. Only m extreme, 
well-documented circumstances will salary^ 
increases be considered which equate to 
more steps than the number of .grades 
provided by the promotion. Personnel 
forms must include the justitlcation. 
(e) U the agt ' ncy finds rt- n e cessary aft4 e qui 
tabl e *«• consider a larger increase fof a 
promotion involving a thr ee »f mor e 
grade level change, a salary ' increase ef 



more tbaft twe- stops ffiay be roquootod. 
Some factors to be considered wef nature 
a»4 magnitud e ei the change m jobs; 
available applicants; special ©f tochnical 
e xpertise required; aft4 previous training 
aft4 oKpononce. Such r e quests may be 
made provided: 

(i) The agency head accepts accountability 
fof Ae decision ef the amount te grant 
aH4 win prosido written documentation 
giving reasons aft4 justification fof Ae Fe- 
quests. 

{^ Salary inequities ss% m»t created within 
the work Hftit e* program. 
(e) Since promotional increases result in per- 
manent change to basic salary, a larger 
promotional increase cannot be justified 
as an otYset to temporary cost of pro- 
motion, such as relocation expenses. 
(2) Temporary Promotion: 

(a) Temporary promotions may be made 
when an employee is placed in an 
"acting" capacity for a period of time. 

(b) When an employee is placed in an 
"acting"' capacity, at the discretion of 
management, one of the following may 
occur: 

(i) The employee may be placed in the 
higlier le\e! position (if vacant) with an 
understanding that he/she wiU return to 
the former position and salary when the 
position is filled. 

(ii) A salary adjustment may be given in the 
present position with the understanding 
that the salary will be decreased when the 
"acting" capacity terminates. 

(c) The provisions for salary increases for 
permanent promotions apply in either 
case. 

(d) The length of time that an employee is in 
an "acting" capacity should be limited, 
and the amount of promotional salary in- 
crease determined by the degree of as- 
sumption of the higher level duties. 

Statutory Authority G.S. 126-4. 

SECTION .1000 - REINSTATEMENT 

.1003 BRE.\K IN SERVICE 

A break in service occurs when an employee is 
in non-pay status for more than 31 calendar days 
because ef r e signation, dismissal, retirement »f 
reduction m forc e . (.\n employee is in pav status 
when working, when on paid leave or when on 



workers' compensation lea\'e. An cinplo\ee is 
not in pay status after the last day of work when 
separated because of resignation, dismissal, death, 



NORTH CAROLINA REGISTER 



783 



PROPOSED RULES 



retirement and reduction in force.) Periods of 
leave without pay do not constitute a break in 
service. 



Statutory Authority G.S. 126-4. 

.1005 EFFECTIVE D.VTE 

(«^ A reinstatement may be made effective on 
any scheduled workday in the month, pay pe- 
riod. When the first da\ of a month pay pcnod 
falls on a non-workday and the employee begins 
work on the first workday ©4' i* month , the date 
to begin work will be shown as the first day of 
the month. pa\- period. However, if the position 
requires work on such days, the date will be the 
da\ the employee actually begins work. 

fb-^ U »ft L'mployoL> h» roin ' jtiitt ' d before tbt* tktte 
throuuih which Miciition leav e Wr** paid. A^ pay 
ment tW unu -.e d ' . ucation leave shall net- be con 
C ' idered et^ dual c - umpen^ation. 

Statutory- Authority G.S. 1 26-4. 

SECTION .1200 - LONGEMTV P.W 

.1202 TIME .\M) METHOD OF P.\Y 

(a) Longevity pay is automatic: payment shall 
be made when all eligibility requirements arc met 
as specified below. 

(b) I.onge\ity payment shall be made in a lump 
sum. 

(c) Payment shall be made during the same 
monthly pa\' period or by the second bi-wcekly 
pay period following the date the employee is el- 
igible to receive longevity pay. This includes 
employees on Viorker's compensation leave. 

(d) If an employee retires, resigns or is other- 
wise separated or dies on or after the date of el- 
igibility for a longevity payment, the payment 
shall be made to the employee or to the estate if 
deceased. 

(e) If an employee who has at least 10 years of 
aggregate sen.ice retires, resigns or is otherwise 
separated or dies before a date on which eligible 
for the longevity payment, a longevity payment 
computed on a pro rata basis shall be paid if all 
other ehgibiUty requirements are met. The pay- 
ment shall be made to the employee or to the 
estate if deceased. 

(f) If iill emplo\ee transfers between state 
agencies an\ time during the month or a1 the end 
of the monlh in which cliabilitv requirements are 
met, the receuing a^enc\ shall make the longe\'- 
itv pa\ment based on the salar\' iri eflect on the 
eliabilitv date. 

(g) ]f an eligible emplovee goes on extended 
militar\ k'a\e without paw a longe\ity pa\ment 



same as if the emplovee is separating. The bal- 
ance will be paid when the emplovee returns and 
completes a fuH year. Then, a full pa\ment will 
be made on the employee's longevity date that 
was established before going on leave without 
pay. (I-'.xample: Received longevity on 6-1-85 
on n_ years; extended military leave without pay 
on 'J-1-X5 (pay 3 12 longevity on 12 years ) : rein- 
stated on 12-1-S6; pay 9 12 longevity effective 
9-1-87 on 13 years (has 13 years 3 months ag- 
gregate ser\'ice): pay full longevity effective 6-1-88 
on 14 years. 

Statutory Authority G.S. 126-4. 

.1203 AMOUNT OF LONGEVITY PAY 

(a) Annual longevity pay amounts are based 
on the length of aggregate state service and a 
percentage of the employee's annual rate of base 
pay on the date of ehgibility. Longevity pay 
amounts are computed by multiplying the em- 
ployee's base pay rate by the appropriate per- 
centage from the following table. (Salary 
increases effective on the longevity ehgibility date 
shall be incorporated in the base pay before 
computing longevity.) 

V'ears of Aggregate Longevity 

State Service Pay Rate 

10 but less than 15 years 1.50 percent 
15 but less than 20 years 2.25 percent 
20 but less than 25 years 3.25 percent 
25 or more years 4.50 percent 

(b) For an otherwise ehgible employee who 
' separates before the date of annual ehgibihty, or 

goes on extended military leave without pay a 
pro rated longe\ity payment will be made. The 
longevity pay amount shall be computed on the 
salary as of the last day worked; then it is pro- 
rated by an amount equal to the proportion of 
the year worked toward the annual eligibility 
date. The employee will receive 1/12 of the an- 
nual amount for each month worked toward the 
next longe\'ity payment. For example, if an em- 
ployee received longevity on January 1 and sep- 
arates on July 31, 7,12 of the full longevity 
payment would be paid. The payment should 
be made to the nearest cent rather than the 
nearest dollar. 

(c) The only exception to the abo\'e is if an 
employee has a fraction of a year toward the next 
higher percentage rate, the payment would be 
based on the higher rate. For example, if an 
employee has 19 years and 3 months ser\ice, the 
payment would be 3.25 percent rather than 2.25 
percent. 

Statutory- Authoritv G.S. 126-4. 



computed on a prorata ba^is shall be paid the 



7S4 



.\'ORTH CAROLL\A REGISTER 



PROPOSED RULES 



.1204 KLIGIBILH Y REQLIREMENTS 

(a) An employee shall have at least 10 years of 
aggregate qualifying service before being eligible 
for any longevity payments. 

(b) The employee must have a full-time per- 
manent appointment. 

(c) An employee's earliest possible date of el- 
igibility for a longevity payment is the date when 
10 years of aggregate state service has been com- 
pleted. If on the effective date of this policy an 
employee has completed the qualifying length of 
service but is somewhere between eligibility 
dates, longevity payment will not be made until 
the next longevity anniversary date. In succeed- 
ing years a longevity payment will be made an- 
nually in the pay period in which the employee's 
longevity anniversary date falls. Periods of leave 
without pay in excess of one-half the workdays 
in a month (with the exception of military leave 
and worker's compensation leave) will delay the 
longevity anniversary date. »» a month for 
month baoio. 

(d) Credit for the aggregate service requirement 
shall not be given for temporary fuU-time or 
temporan part-time employment and periods of 
leave without pay in excess of one-haLf the 
workdays and holidays in a month pav period, 
with the exception of military leave and worker's 
compensation leave. 

(c) Upon change of appointment to temporary, 
part-time or exempt, (except as pro\idcd by 
statute), the employee is mehgihle for contmued 
longevity pay; hence, if the employee has worked 
part but not aU of one year since the last annual 
longevity payment, a pro rata payment shall be 
made as if the employee were separating from 
state service provided the change is not of a 
temporan,' nature. If an employee goes on leave 
without pay, longevity ' . ' ■ ould shall not be paid 
until the employee returns and completes the full 
year. If, however, the employee should resign 
while on leave without pay, then the pro rata 
amount for which the employee is eligible is paid. 
Fxceptions: 

( 1) An employee going on leave without pav 

due to short-term disability may be paid 
the prorata amount for which the em- 
ployee IS eligible: 

(2) An employee going on extended military 
leave \sithout pay shall be paid the prorata 
amount for which eligble; and 

(3) An einpkncc on workers' compensation 
leave shall he paid longevity as if working. 

(f) Partial Payments: 

(1) If an employee separates from a state 

agency and receives a partial longevity 

payment and is reinstated in another state 

agency, the balance of the longevity pay- 



ment shall be made upon completion of 
additional service totaling 12 months since 
the last full longevity payment. The bal- 
ance due is computed on the annual salary 
being paid at the completion of the 12 
months. 
(2) If an employee comes to work in a posi- 
tion that is subject to the Personnel Act 
from a system (such as judicial, county, 
public schools, etc.) that has a longevity 
policy which allows partial payments, it 
is the responsibility of the receiving state 
agency to verify that such payment was 
or was not made. Then the state agency 
would pay the remainder of the payment 
when the employee is eligible, 
(g) Aggregate service is the time for fuU-time 
or part-time (half-time or over) permanent, 
trainee, probationary or provisional employment, 
whether subject to or exempt from the State 
Personnel Act. If a permanent fuU-time em- 
ployee is in pay status (working, cxhaunting ¥*- 
cation ef »ek loavo, »f when »» Workers' 
Componsation Loai i fo) or is on authorized mili- 
tary leave for one-half ef moro of the regularly 
scheduled workdays and hoUdays in a month, 
pav period, credit shall be given for the entire 
month, pay period. Permanent part-time em- 
ployment IS credited as aggregate service on a pro 
rata basis - it is computed as a percentage of the 
amount the employee would be credited if per- 
manent fuU-time. 
Credit shall also be given for: 

( 1) Employment with other governmental 
units which are now state agencies (Ex- 
amples: county highway maintenance 
forces, War Manpower Commission, Ju- 
dicial System). 

(2) Authorized military leave from any of the 
governmental units for which service 
credit is granted provided the employee is 
reinstated within the time limits outlined 
in the state military leave policies. 

(3) I'mplovmcnt with the county Agricultural 
H^xtension Service; Community College 
System and the public school system of 
North Carolina, with the provision that a 
school year is equivalent to one full year 
(credit for a partial year is given on a 
month for month basis for the actual 
months worked). 

(4) I'mplovmcnt with a local Mental Health, 
Public Health, Social Services or Fmer- 
gencv Management agency in North 
Carolina if such employment is subject to 
the State Personnel Act. 

(5) F.mployment with the General Assembly 
(except for participants in the 1 egislative 



NORTH CAROLINA REGISTER 



7S5 



PROPOSED RULES 



Intern Pro.gram and pages). All of the 
time, both permanent and temporary, of 
the employees will be counted; and the 
full le.snslati\e terms of the members. 

Statutory Authority G.S. 126-4. 

SECTION .2100 - SPECIAL SALARY 
AD.ILSTMENTS 

.2101 DEFIMTION AND POLICY 

Special salar>' adjustments are within grade pay 
increases not covered by policies for promotion, 
reallocation, salary range revision and authorized 
hiring rates. The intent of this provision is to 
provide necessary solutions to critical and unu- 
sual pay administration problems. A special 
salar>' adjustment may be appropriate in cases of 
key employee retention problems related to crit- 
ical and unusual labor market conditions or for 
solving the most serious salary equity problems. 
Salary adjustments shall not be granted to reward 
performance except as it related to these two is- 
sues. 

Statutory Authority G.S. 126-4. 

.2102 APPLICABII.rrV 

Recommended adjustments under this pro- 
vision are subject to the a\ailability of salary re- 
serve funds and are subject to approval of the 
State Personnel Director and the Director of 
State Budget and Management. Special salary 
adjustments are not permissible where the intent 
or result would \iolate or circumvent the pro- 
visions of other pay administration policies or 
any provision of law in effect at the time. 
Agency management and university management 
are responsible for maintaining internal equity 
among their employees and for assuring that 
special salary adjustments do create other ineq- 
uities. 

Statutory Authority G.S. J 26-4. 

.2103 .ILSTIFICAIION 

Justification must accompany requests for spe- 
cial salary adjustments, including specific outside 
salan,- offers in cases of retention, or specific in- 
formation on salary relationships in cases of cor- 
recting salary inequities. 

Statutory .Authority G.S. J 26-4. 

.2104 RESPONSIBILITY OF THE ST.VTE 
PERSONNEL DIRECTOR 

The State Personnel Director shall be responsi- 
ble for identifying and recommending steps to 
correct salary inequities within occupational cat- 



egories; for development and implementation of 
guidelines for managers and personnel officers in 
the proper procedures for avoidance of inequities 
and the proper use of policy options for the cor- 
rection of inequities; and for communication 
verified salary inequities to the attention of 
agencies, departments or universities for appro- 
priate corrective action. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER IE - EMPLOYEE BENEFITS 

SECTION .0200 - ANNUAL LEAVE 

.0203 LEAVE CREDITS 

(a) Vacation leave credits shall be provided for 
a full-time or part-time (half-time or more) per- 
manent, trainee, or probationary employee who 
is working »f »«• pai4 loa>'o in pay status for 
one-half of the regularly scheduled workdays and 
hoLidavs in a month, pay period. The rate is 
based on length of total State service. Leave for 
part-time employees shall be computed as a per- 
centage of total amount pro\ided to a full-time 
employee. 

(c) Total State Service Defmed. Total state 
service is the time of full-time or part-time (half- 
time or over) permanent, trainee, probationary 
or provisional employment, whether subject to 
or exempt from the State Personnel Act. If an 
employee so appointed is in pay status (v i orldng, 
oxfiQusting >acation ©* siefe l e av e , e* drassing 
workers' componoation) or is on authorized mil- 
itary leave for one-half ef more of the regularly 
scheduled workdays and holidays in a month, 
pa\ period, credit shall be given for the entire 
month, pay period. Permanont part timo mh- 
ployeoo aft* crcditt'd with total C i tutj c . op i 'ica ee a 
month te- month bar . is A* i ' amc ae pcnnuncnt 
full timu employeuo. They will receive a full 
month ©f credit for each month pay period they 
work over half work are in pav status for one half 
ef more of their scheduled workdays and holi- 
days. 

Statutory Authority G.S. 126-4: 126-8. 

.0210 SEPARATION: PAYMENT OF 
VACAIION LEAVE 

(a) lump sum payment for leave is made only 
at the time of separation. An employee shaU be 
paid in a lump sum for accumulated leave not to 
exceed a maximum of 240 hours when separated 
from state service due to resignation, dismissal, 
reduction-in-force, death or ser\ice retirement. 
Pt+f monthly pav rollo. tf Ae 1*4 4ay evf tonninal 

l^t;^^^^ t;iU^ ^^^ ^1^^ L^^^ l^^^^L- ,-\ • t \ - I r\ tl^^ li^iii^ij^™ r^ -"l \ f 
^^T^^^^ ^t^^^^ ^^^T ^^^^^ ^^^^T ^^^^^^^^ ^^^^T ^^T ^^^^^ ^^^Tr^^^T^^ t 'VI T 

J\ lUn^ L^- rTTtTT^^ r^TT 1 1 IV. I VI IIlllIIIIIw I IV.TI I TT T.J l IVVIU t J CTT 



786 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



that- month. Employooo rotuing »» dioability re- 
tiromont may oxhauDt leave rather than fe» paid 
ift » lump tium. An employee is not entitled to 
any scheduled holiday occurring after the last day 
of work. The employee ceases to accumulate 
leave and ceases to be entitled to take sick leave. 
The last day of work is the date of separation. 

(b) If an employee separates and is overdrawn 
on leave, it wiJJ be necessary to make deductions 
from the fmal salary check. It will be deducted 
in full hour units, i.e., a full hour for any part of 
an hour overdrawn. 

(c) Payment for leave may be made on the 
regular payroll or on a supplemental payroll, re- 
flecting the number of days of leave and the 
amount of payment. Leave may be paid through 
the last full hour of unused leave. This will be 
charged to the budget subhead under which the 
employee's position was charged. A separate 
check must be issued for any part of any travel 
due. 

(d) Retirement deduction shall be made from 
all terminal leave payments. 

(e) Receipt of lump sum leave payment and 
retirement benefit shall not be considered as dual 
compensation. 

(f) In the case of a deceased employee, payment 
for unpaid salary, terminal leave, and travel must 
be made, upon establishment of a valid claim, to 
the deceased employee's administrator or execu- 
tor. In the absence of an administrator or exec- 
utor, payment must be made te- tb« Clerk »f 
Superior Court ©f A# county ©f tt» doceaood 
omployoo'o resid e nce, in accordance with the 
provisions of G.S. 28A-25-6. 

(g) Aft employee coaoeo te- accumulate leave 
afi4 time toward oalary^ inoroaoeo aft4 ooanoo te- 
be entitled te take s*ek l e av e during the period 
Bi terminal l e av e . Tfee e mployee wiii aet- be 
charg e d leave f&f afty holidays occurring t kiring 
that period. The la^^- 4ay »f >' i 'ork i« the i^s^ ©f 
ooparation, e xcept that- ^ . ' .' hen a» employee e*- 
hausto siek aft4 vacation leave before disability 
retirement the 4ate s e parat e d wiH- be the e nding 
date ©f vacation l e ave, ift the latter ease the 
employee continues t© accumulate leave during 
the period ©f exhausting l e av e . 

Statutory Authority G.S. 126-4; I28A-25.6. 

SECTION .0300 - SICK LEAVE 

.0301 SICK LEAVE CREDITS 

(a) Sick leave credits at the rate of 8 hours per 
month or 96 hours per year shall be provided for 
a full-time or part-time (half-time or more) per- 
manent, trainee or probationary employee who 
is working ©f ©» pai4 leave in pay status for 



one-half ©f more of the regularly scheduled 
workdays and holidays in afty month, pay pe- 
riod. 

(b) Leave for part-time employees shall be 
computed as a percentage of total amount pro- 
vided to a full-time employee. 

Statutor}> Authority G.S. 126-4; 126-8. 

SUBCHAPTER IJ - EMPLOYEE RELATIONS 

SECTION .0400 - SERVICE AWARDS 
PROGRAIM 

.0406 ELIGIBILITY REQLIIREiVIENTS 

(a) Awards will be presented on the basis of an 
employee's aggregate service. 

(b) Aggregate service is the time for full-time 
or part-time (half-time or over) permanent, 
trainee, probationary or provisional employment, 
whether subject to or exempt from the State 
Personnel Act. If an employee is in pay status 
(vvorldng, e xhausting vacation ©f siek l e ave, ©f 
drawing workers' compensation) or is on au- 
thorized military leave for one-half ©f mor e of the 
regularly scheduled workdays and holidays in a 
month, pay period, credit shall be given for the 
entire month, pay period. Permanent part-time 
employment is credited as aggregate service on a 
pro rata basis - it is computed as a percentage of 
the amount the employee would be credited if 
permanent fuU-time. 

Statutory Authority G.S. 126-4. 

.0407 ADDITIONAL CREDIT 

Credit for the aggregate service requirement also 
shall be given for the foUowLng: 

(1) employment with other governmental units 
which are now state agencies (example: 
county highway maintenance forces. War 
Manpower Commission, judicial system); 

(2) authorized military leave from any of the 
governmental units for which service credit 
is granted, provided the employee returns 
within the time limits outlined in the state 
military leave policies; 

(3) employment with the county agricultural 
extension service, community college system 
and the public school system of North 
Carohna, with the provision that a school 
year is equivalent to one full year; 

(4) employment with a local mental health, 
public health, social services, or civU defense 
agency in North Carolina if such employ- 
ment is subject to the State Personnel Act; 

(5) employment with the General Assembly 
(except for legislators, participants in the 
Legislative Intern Program and pages). 



NORTH CAROLINA REGISTER 



787 



PROPOSED RULES 



Statutory Authority G.S. 126-4. 

.0408 I'ART-riME EMPLOYMENT 

Credit for the aggregate service requirement 
shall be given for permanent part-time service 
(one-half time or more) on a prorated basis. 
Credit for the aggregate service requirement shall 
not be given for temporary' part-tmie employ- 
ment and periods of break-in service or leave 
without pay in excess of one-half the workdays 
and holidays in a month, pay period. (Excep- 
tion: military leave and workmen's compen- 
sation) Service in one or more state agencies 
counts toward total number of years service for 
this program. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER IL - AFFIRMATIVE ACTION 



departments and universities in achieving equal 
employment opportunity objectives through: 

( 1 ) establishing pohcies, guidelines and pro- 
grams with the Personnel Commission's 
approval; 

(2) evaluation and monitoring program effec- 
tiveness; 

(3) providing technical assistance and training; 

(4) providing instruction for managers and 
supervisors on management practices 
which support equal employment oppor- 
tunity; 

(5) identify and recommending steps to cor- 
rect salary inequities among minorities, 
female and white male employees within 
occupational categories. Salary inequities 
found to exist will be called to the atten- 
tion of the involved agency, department 
or university, for appropriate corrective 
action. 



.0002 POLICY 

(a) It is the official policy of the State of North 
Carolina to provide all current employees and 
applicants for state employment with equal em- 
ployment opportunities, without discrimination 
on the basis of race, color, religion, national ori- 
gin, sex, age, or handicapping condition. 

(b) The commitment to equal career opportu- 
nity shall be undertaken through a continuing 
program of affirmative action in order to: 

(1) assure that all personnel policies and 
practices relevant to total employment in 
state government will guarantee and pre- 
ser\'e equal employment opportunities for 
all persons of the state; 

(2) assure more equitable representation of 
women, minorities, and handicapped per- 
sons througliout all aspects of the state's 
workforce. 

The policies and programs which support equal 
empknment opportunit\ must be complied with 
fully by every state agency (as defined by Cj.S. 
I43B-3 and G.S. 1 508-2), department and uni- 
versity. Measures shall be taken to ensure a 
work environment supporti\'e of equal opportu- 
nity. 

Statutory Authority G.S. 126-4(10); 126-16; 
I43B-3; 150B-2. 

.0003 PROGRAM IMPLEMENTATION: 
STA1 E LE\ EL 

(b) 44*<* Of fieri ei Stat e Poroonnol '. hall provide 
t e chnical ao - ^ictanco te eaefe department »f stat e 
government. The State Personnel Director 
through the i-qu:d Opportunity Services Division 
is responsible for assisting the state's a'iencies, 



Statutory Authority G.S. 126-4(10); 126-16. 

.0004 PROGRAM IMPLEMENTATION: 
DEPARTMENT LEVEL 

(a) Each department head of state government 
shaU develop and implement a departmental af- 
firmative action program designed to solve prob- 
lems in those areas that adversely affect 
minorities, women and handicapped persons. 

(b) Each department and university shall pres- 
ent a plan for this affirmative action program to 
the office of State Personnel for review, technical 
assistance and approval by the Director of State 
Personnel. 

(c) Each department's and university's affir- 
mative action plan shall meet all requirements of 
the administrative EEO/AA Planning and Re- 
sources Guide and shall include but not be lim- 
ited to the following elements: 

(1) a workforce analysis designed to examine 
the number and levels at which it employs 
minorities, women, and handicapped per- 
sons; 

(2) a. set of objectives, goals and timetables; 

(3) a recruitment program designed to attract 
minorities, women and handicapped per- 
sons to all levels of employment; 

(4) an interviewing program that includes, for 
each vacancy, the interviewing of at least 
three applicants representative of the eth- 
nic, sex and handicapped composition of 
available applicants; 

(5) a program of promotion and career ladders 
for present employees; 

(6) a program of training to enhance employee 
development and advancement opportu- 
nities. Such programs shall include a 



788 



NOR TH CA ROLINA R EG IS TER 



PROPOSED RULES 



process to ensure that minorities, women 
and handicapped persons have adequate 
representation and participation in 
internal and external training programs 
such as Supervisory Training, Public 
Managers Program, and Educational As- 
sistance Program; 

(7) A program ©f oriontation afi4 training i» 

e qual omploymont opportunity aft4 afiir 
matis^o action compliance f&f aU manag 
ef*7 Gupop i ioora a«4 othoro authorii',od to 
mako »f rocommond porLK:>nnol actiono; A 
program of orientation and training on 
management practices which support 
equal employment opportunity and affir- 
mative action: 

(8) Reduction-in-force procedures are de- 
signed to maintain the proportion of pro- 
tected group members in the departmental 
or university workforce and preserves 
gains made in utilizing protected group 
members; 

(9) An annual internal evaluation system 
(WPPR) to hold managers to all levels 
accountable for the progress of the de- 
partment's and university's aiTirmative 
action program; 

(10) aft internal r e porting oyutom to- moaouro 
total program offooti' i eno ' jo. An internal 
reporting system which, from a demo- 
graphic perspecti\e, summarizes the total 
program effectiveness; 



(11) A performance appraisal system which 
emphasizes objective and consistent eval- 
uation of job performance. 
(d) Each dopartmont head shall assign rooponoi 
bility afi4 authority fof th» afTumatiy e action 
program t» a high lev e l official et a» equal e»*- 
ploymont opportunities officer (EEOO). Divi 
sieft heads afi4 appropriate supors^ioors shall 
participate m dosoloping tfee program aft4 shall 
h% r e sponsible fof implementing it- m tfe« work 
unit. Each agencv, as defined by NCGS 143D-3 
and 15QB-2, or department employing 800 or 
more employees and each university shall ap- 
point a full time Equal Employment Opportu- 
nity Officer who shall have direct access to the 
agency, department or university head in the 
event of or to report violations and shall provide 
the resources necessary to achieve program ob- 
jectives. Those agencies or departments with less 
than 800 employees shall designate a part-time 
Equal Employment Opportunity OtTicer who 
shall ha\'e direct access to the agency or depart- 
ment head in the event of or to report violations 
and shall pro\ide resources necessary' to achiever 
program objectives. 

Authority G.S. 126-4(10): 126-16; 1 438-3; 
I50B-2; Executh'e Order No. 18 (Equal Employ- 
ment Opportunity). 



NORTH CAROLINA REGISTER 



789 



LIST OF RULES AFFECTED 



NORTH CAROLINA ADMINISTRAXrV E CODE 
EFFECTI\'E: November 1, 1988 



AGENCY 



DEPARTMENT OF ADMINISTRATION 



NCAC 



IB 
AG 



.0702 

.0207 

.0211 

.0214 

.0217- 

.0220 

.0222 

.0301 

.0304 



DEPARTMENT OK AGRICl LTLRE 



,0218 



\C 9L .0102 




.0201 - 


.0207 


.0302 - 


.0305 


.0307 




.0309 




.0311 - 


.0312 


.0314- 


.0315 


.0316- 


.0318 


.0401 




.0402 




.0403 




.0508 




.0509 




.0510- 


.0511 


.0513 - 


.0514 


.0521 




.0524 - 


.0525 


.0528 




.0901 




.0902 




.0904 - 


.0920 


.1102 




.1202 




.1203 




.1301 




.1303 




.1304 




.1401 




.1403 




.1405 




.1601 




.1701 - 


.1707 


.1901 




.1903 




COMMERCE 





NCAC 2R .1502 



ACTION TAKEN 



Adopted 

Amended 

Amended 

Amended 

.\mended 

.Amended 

Adopted 

/Amended 

Amended 



.Amended 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Adopted 

Repealed 

/Vmended 

Repealed 

Repealed 

.Amended 

Repealed 

Repealed 

Repealed 

Amended 

Adopted 

Amended 

Repealed 

Repealed 

Amended 

/Vmended 

Repealed 

/Vmended 

.Amended 

Repealed 

/Vmended 

Repealed 

Repealed 

Repealed 

Repealed 

.•Vmended 

Repealed 



.Amended 



790 



AORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



DEPARTMENT OF HUMAN RESOURCES 




10 NCAC 7C .0601 - 


.0603 


Temp. Adopted 
Expires 04-26-89 


8B .0901 - 


.0906 


Temp. Adopted 
Expires 04-18-89 


8D .1205 




Amended 


8F .0111 




Temp. Amended 
Expires 04-12-89 


lOG .0103 




Temp. Amended 
Expires 04-26-89 


14K .0303 




Adopted 


26G .0402 




Amended 


26H .0102- 


.0103 


Amended 


.0106 




Amended 


.0303 




Amended 


.0401 




Amended 


DEPARTMENT OF INSURANCE 






11 NCAC 5B .0101 - 


.0103 


Adopted 


.0201 - 


.0202 


Adopted 


.0301 - 


.0303 


Adopted 


.0401 - 


.0402 


Adopted 


.0501 - 


.0502 


Adopted 


6B .0101 - 


.0105 


Adopted 


.0201 - 


.0205 


Adopted 


.0301 - 


.0304 


Adopted 


.0401 - 


.0403 


Adopted 


DEPARTMENT OF .lUSlK E 






12 NCAC 11 .0301 




Amended 


.0306 




Amended 


DEPARTMENT OF EABOR 






13 NCAC 12 .0101 




Amended 


DEPARTMENT OF (RIME ( ON IROU AND PI BLIC SAFETY 




14A NCAC lA .0002 




Amended 


DEPARTMENT OF N,\TURAL RESOURCES AND COMMUNITY DEVELOPMENT 


15 NCAC 711 .0104 




Amended 


.0304 




Amended 


lOB .0115 




Amended 


lOF .0355 




Adopted 


DEPARTMENT OF REVENUE 






17 NCAC 6B .0301 - 


.0310 


Amended 


.0312- 


.0319 


Amended 


.0320 - 


.0321 


Adopted 


.0408 




Amended 


.0602 - 


.0603 


Amended 


.1750 




Amended 


.2704 




/Vmcndcd 


.2803 




Amended 



NORTH CAROLINA REGISTER 



791 



LIST OF RULES AFFECTED 



.3007 
.3525 

.3802 - .3803 
6C .0110 

s^:^K^.TAR^ of s tatk 

18 NCAC 1 .0103 

nKPAR IMFN T OF TRANSF'OKTATION 



19A 


NCAC 


2E 
3D 


.0203 
.0515 
.0801 
.0904 




DFPARIMFN T OF STATF TRFA.Sl 


RFR 


20 


NCAC 


8 


.0101 - 
.0106- 
.0108 
.0201 
.0202 - 
.0206 
.0301 - 
.0401 - 
.0501 


.0102 
.0107 

.0205 

.0302 
.0403 


BO\Rn OF 


F\\MI\FRS OI 


" FFFCTRICAI 


21 


NC.VC 


18B 


.0401 
.1001 




BOARD OF 


M RSING 









21 NCAC 36 .0217 

OFFICF OF STATF PFR.SONNFF 

25 NCAC lA .0001 - .0002 

IB .0101 - .0103 
.0105 - .0106 
.0202 

.0209 - .0212 
.0304 

.0403 - .0411 
IC .0101 
.0103 
.0202 
.0214 

.0303 - .0305 
.0306 

.0308 - .0309 
.0310 

.0503 - .0504 
.0509 
ID .0202 

.0502 - .0503 
.0509 - .0512 
.0515 



/\mended 
Amended 
Amended 
Amended 



.Amended 



/Vmended 
.Amended 
Amended 
.Amended 



Amended 

Repealed 

.Amended 

Repealed 

.'Vmended 

,\dopted 

Amended 

Amended 

.Amended 



.Adopted 
.Adopted 



.Amended 



Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
.Amended 
Amended 
Amended 
Repealed 
Repealed 
Amended 
Amended 
Amended 
/Vmended 
Amended 
.Amended 
.Amended 



792 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 





.0901 






.0906 






.0908 






.1102- 


.1104 




.1106 






.1119 






.1501 - 


.1502 




.1504 




IE 


.0801 




IF 


.0102 
.0501 




IH 


.0601 
.0602 
.0625 




11 


.0101 






.0103- 


.0104 




.0301 






.1404 




IK 


.0101 




IL 


.0004 - 


.0005 


IM 


.0002 




IN 


.0002 





Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Repealed 

Repealed 

Repealed 

Amended 

Adopted 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Amended 

Repealed 

Repealed 



NOR TH CA ROLINA REGIS TER 793 



NC AC INDEX 



TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMIMSTRATrV E CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

• 5 Corrections, I3epartment of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Education, Department of 

17 Revenue, Department of 

18 Secretan' of State, Department of 
I'^A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Housing Finance Agency 

25 State Personnel. Office of 

26 Administrati\e Hearings, Offiice of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAP lER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic .-Vrt Examiners, Board of 

16 Dental Examiners. Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters. Board of Registration for 

21 Geologists. Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical [-xaminers, Board of 

33 Midwifen." Joint Committee 

34 Mortuary Science. Board of 

36 Nursing. Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometn', Board of Examiners in 



794 NORTH CAROLLXA REGISTER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologjsts, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CA ROLINA REGIS TER 795 



CUMULA TIVE INDEX 



CUMULA TIVE L\DEX 

(April 1988 ■ March 1989) 



1988 - 1989 

Pages Issue 

1 - 25 1 - April 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 11 - Sep'tember 

524 - 593 12 - September 

594 - 606 13 - October 

607 - 686 14 - October 

687 - 728 15 - November 

729 - 799 16 - November 



AO - Administrative Order 

AG - Attorney General s Opinions 

C - Correction 

E - Errata 

EO - Executi\e Order 

EDL - Einal Decision Letters 

ER - Emal Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

L RA - 1 ist of Rules Mccted 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporar,' Rule 



ADMIMS I RATION 

Administrati\e Analysis Di\'ision. 447 PR 

Auxiliary' Ser^'ices, 270 PR 

Departmental Rules. 270 PR 

Human Relations Councrl, 609 PR 

State Construction, 187 PR 

"^'outh Advocacy and Involvement Oftice, 148 PR 

ADMINISTRAXn E HEARFNGS 

General, 579 PR 

Hearings Division, 76 PR, 581 PR 



796 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



Rules Division, 580 PR 

ADMIMSTRAXrVE ORDER 

Administrative Order, 369 AO 

AGRICULTURE 

Food and Drug Protection Division, 271 PR 

N.C. Gasoline and OiJ Inspection Board, 689 PR 

N.C. Pesticide Board, 524 PR 

N.C. State Fair, 451 PR 

Plant Industry-, 453 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

COMMERCE 

yVlcoholic Beverage Control Commission, 276 PR 

Departmental Rules, 612 PR 

Milk Commission, 120 PR, 190 PR 

N.C. State Ports Authority, 731 PR 

Seafood Industrial Park Authority, 613 PR 

COMMLAH Y COLLEGES 

Commumty CoUeges, 287 PR, 557 PR 

CORRECTION 

Di\'ision of Prisons, 490 PR 

CRIME CONTROL AND PUBLIC SAFETY 

Alcohol Law Enforcement, 47 PR 

CULTURAL RESOURCES 

Di\ision of Archi\cs and History, 691 PR 

ELECTIONS 

State Board of Flections, 120 PR 

EXECUTI\ E ORDERS 

Executive Orders 68-71, 1 EG 

72,119 EG 

73, 146 EG 

74 - 75, 508 EG 

76 - 77, 594 EG 

FINAL DECISION LETFERS 

Voting Rights Act, 5 FDL, 26 FDL, 185 FDL, 267 FDL, 295 FDL, 370 FDL, 
401 FDL, 511 FDL, 597 FDL, 608 FDL, 688 FDL, 729 FDL 

GENERAL STATUTES 

Chapter 7A, 348 GS 
Chapter 143B, 350 GS 
Chapter 150B, 352 GS 

HUMAN RESOl RCES 

Division of Aging, 229 PR 

Drug Commission, 113 FR 

Facility Services, 455 PR, 524 PR, 614 PR, 739 PR 

Health Services, 7 PR, 220 PR, 296 PR, 616 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 

Mental Health: General, 457 PR, 530 PR, 770 PR 



IWOR TH CAROLINA REGIS TER 797 



CUMULA TIVE INDEX 



Mental Health: Hospitals, 459 PR 

Mental He;ilth: Mental Retardation and Substance Abuse Services, 629 PR 

Mental Health: Other Programs, 530 PR, 

Office of the Secretar>', 31 PR 

Social Ser\'ices Commission, 27 PR, 531 PR 

Vocational Rehabilitation Services, 371 PR 

rsDEPENDENT AGENCIES 

Housing Finance, 21 PR, 134 PR, 255 PR, 518 PR 

INSURANCE 

Agent Ser^-ices Division, 238 PR, 636 PR 

Company Operations Division, 470 PR 

Consumer Services, 691 PR 

Engineering and Building Codes, 772 PR 

Fire and Casualty Division, 32 PR, 461 PR, 773 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

Life: Accident and Health Division, 534 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Ser\ices, 303 PR 

LABOR 

Boiler and Pressure Vessel, 598 PR 

Elevator and /Vmusement Device Di\ision, 599 PR 

Notice, 607 C 

Office of Occupational Safety and Health, 598 PR 

LICENSIN(; BOARDS 

Cosmetic Art Examiners. 283 PR, 473 PR 

CPA, 73 PR, 472 PR 

Dental Examiners, 704 PR 

Examiners of Electrical Contractors, 151 PR 

Hearina Aid Dealers, 77 FR 

Nursing. 376 PR, 477 PR, 704 PR 

Podiatry Examiners, 377 PR 

LIST OE Rl LES AFFECTED 

Apnl 1. 19SS, 102 ERA 
Mav 1. 1988, 137 ERA 
June 1, 1988, 260 ERA 
July 1, 1988. 335 ERA 
August 1, 1988,496 ERA 
September 1, 1988, 585 ERA 
October 1, 1988, 675 ERA 

NATURAL RESOURCES AND COMMLAH V DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR, 703 PR 
Community Assistance. 69 PR. 555 PR 
Division of Economic Opportunitv, 556 PR, 778 PR 

Environmental Management, 241 PR, 278 PR, 599 PR, 656 PR, 698 PR, 777 PR 
Forest Resources, 68 PR 
\larine Fisheries, 62 PR 
Soil and Water Conser\ation, 1 1 1 PR 

WildUfe Resources and Water Safety, 111 PR, 282 PR, 470 PR, 513 PR, 555 PR, 
599 PR, 656 PR, 777 PR 

REVENUE 



798 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



Individual Income Tax, 710 FR 
License and Excise Tax, 113 FR 
Motor Fuels Tax, 258 FR 
Sales and Use Taxes, 386 FR, 584 FR 

SECRETARY OF STATE 

Securities Division, 125 PR, 656 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR, 559 PR, 781 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
Local Government Commission, 18 PR 
Retirement Systems, 513 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 403 SO 

TRANSPORTATION 

Division of Highways, 719 FR 

Division of Motor Vehicles, 172 FR, 258 FR, 720 FR 



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